Henderson is facing trial and the death penalty in the murder of Lawrence Pinkard in April 1996. His attorney avoided engaging in "discovery" (asking for information in the State's possession). Doing so would obligate him to give the State an equal chance to obtain information from the defense. The attorney later filed a public records request for sheriff's files on the murder case. The trial court held that public records laws cannot be used to circumvent discovery obligations, and the First District Court agreed and certified the case to the Supreme Court.