State ex rel. Russell v. Department of Rehabilitation and Correction

In this mandamus action, the Supreme Court affirmed the judgment of the court of appeals denying Appellant’s motion to waive court costs and denied Appellant’s motion to appoint counsel.Appellant filed a complaint for a writ of mandamus to compel the Department of Rehabilitation and Correction to review a correction officer’s alleged deployment of a chemical spray in Appellant’s face that caused severe burns. Appellant also sought a waiver of the prepayment of filing fees. The court of appeals dismissed the case sua sponte. Appellant then filed a motion asking the court of appeals to waive all court costs and filing fees on the ground that he had previously been declared indigent. The court denied the motion to waive costs. Appellant appealed the denial of his motion to waive costs and moved for appointment of counsel. The Supreme Court denied the motion to appoint counsel and affirmed the denial of Appellant’s motion to waive costs, holding that Appellant’s argument was raised for the first time on appeal and was therefore beyond the scope of the appeal. View "State ex rel. Russell v. Department of Rehabilitation and Correction" on Justia Law