Lehmann v. Hon. Susan Gibson

Allen Lehmann, a former ordained pastor in the Assembly of God church, was indicted for multiple counts of first-degree sodomy and first-degree sexual abuse. Approximately one month after the indictment issued, the alleged victims filed a civil action against Lehmann and various Assembly of God entities based on essentially the same allegations covered by the indictment. The Commonwealth moved to intervene in the civil action and stay discovery. The trial court granted the Commonwealth’s motion, determining that a stay of civil discovery until the completion of Lehmann’s criminal trial would promote justice and fairness. Lehmann sought a writ of mandamus seeking to have the trial court’s order vacated the civil discovery resumed. The court of appeals declined to issue a writ, concluding that Lehmann failed to prove he was without an adequate appellate remedy and that there was no genuine exigency meriting use of the court’s writ authority. The Supreme Court affirmed, holding that a writ in this instance was unnecessary, and therefore, the trial court did not abuse its discretion in staying civil discovery pending the completion of Lehmann’s criminal trial. View "Lehmann v. Hon. Susan Gibson" on Justia Law