Dale Brown v. State

Dale Brown challenges the order dismissing the alternative writ of mandamus issued by the trial court upon remand from this court in Brown’s previous appeal. He raises three issues on appeal, only one of which merits discussion. Because the response of the Office of the Public Defender did not assert that it had actually searched for the records requested by Brown and that they were ho longer archived, we reverse and remand for an evidentiary hearing.

In 2011, Brown petitioned the circuit court for a writ of mandamus, seeking records from the Office of the Public Defender regarding his 1996…