Ex parte Anonymous
Decision Date | 21 May 1982 |
Citation | 414 So.2d 72 |
Parties | Ex Parte ANONYMOUS, a Minor. (Re In the Matter of ANONYMOUS, a child under the age of 18 years). 80-845. |
Court | Alabama Supreme Court |
George B. Gordon, Tuscaloosa, for petitioner.
Charles A. Graddick, Atty. Gen., and Algert S. Agricola, Jr., Asst. Atty. Gen., for respondent.
James G. Lee of Lee, Barrett & Mullins, Tuscaloosa, for amicus curiae Tuscaloosa County.
Mary Lee Stapp, Clyde P. McLendon, and William Prendergast, Asst. Attys. Gen. and counsel for the Dept. of Pensions and Security of the State of Alabama, amici curiae.
This matter was begun by a petition filed in the Juvenile Court of Tuscaloosa County by the Department of Pensions and Security. It apparently sought to establish the paternity of an illegitimate child under § 26-12-1, et seq., Ala.Code 1975, and the petition also alleged that the respondent (petitioner here) was a child in need of supervision, defined in § 12-15-1(4), Ala.Code 1975, as a child who "has committed an offense established by law but not classified as criminal or one applicable only to children."
The trial court, after determining that the juvenile was financially unable to obtain counsel, appointed counsel to represent him, as authorized by Act No. 81-717, Acts of Alabama, 1981 (§ 15-12-21, Ala.Code 1975).
Counsel for the juvenile thereupon filed a motion for blood tests pursuant to § 26-12-5, which provides in pertinent part:
The trial court refused to order blood tests, and the juvenile then filed this petition for writ of mandamus, asking this Court to direct the trial judge to order the blood tests, which he asserts are mandatory under § 26-12-5, and further to direct the trial court to order the County of Tuscaloosa to pay the cost of such tests, as it has the authority to do under § 26-12-5, or alternatively to direct the trial court to approve the cost of performing such blood tests as a reasonable expense incurred in the juvenile's defense, thereby enabling the attorney to be reimbursed by the state as provided in Act No. 81-717 (§ 15-12-21, Code), which provides:
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