In Re: Clay Whittle

The trial court did not abuse its discretion in denying sheriff's motion to quash a subpoena filed by probationer to obtain the sheriff's department's investigative file for charges upon which State sought to revoke his probation.

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Clay Whittle, sheriff of Columbia County, Georgia, appeals from the trial court’s denial of his motion to quash a subpoena filed by Carneluis White to obtain the investigative file maintained by the sheriff’s department for charges upon which the State sought to revoke his probation. Whittle argues on appeal that the trial court erred in denying the motion to quash because the court’s order 1 grants previously convicted defendants greater access to investigative-file information than similarly situated individuals who have merely been indicted; 2 grants previously convicted defendants an opportunity to bypass the reciprocal discovery process; 3 compels production of investigative-file documents despite a lack of any showing that the materials are relevant, material, or favorable to White’s defense, or that the materials cannot be otherwise obtained; and 4 fails to recognize that White waived his right to subpoena the file when presented with an opportunity to examine the file during cross-examination at the probation-revocation hearing. For the reasons set forth infra, we affirm.

The record reflects that in August 2013, White pleaded guilty to the felony offenses of theft by deception and theft by receiving stolen property. He was thereafter sentenced to ten years’ probation on each count, to run concurrent with one another. But on June 4, 2015, the State filed a petition to revoke White’s probation, alleging that he had violated the terms of his probation by, inter alia, being charged with the new offense of theft by conversion 2 cts. by the Columbia County Sheriff’s Department on or about 3/20/2015. As a result, White was ordered to show cause why his probation should not be revoked or modified.

In Re: Clay Whittle

The trial court did not abuse its discretion in denying sheriff's motion to quash a subpoena filed by probationer to obtain the sheriff's department's investigative file for charges upon which State sought to revoke his probation.

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