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Lemmon v. Connick

Supreme Court of Louisiana
Dec 13, 1991
590 So. 2d 574 (La. 1991)

Summary

holding district attorney files are subject to public records requests once a conviction and sentence are final

Summary of this case from State v. Marshall

Opinion

No. 91-CC-2377.

December 13, 1991.

APPEAL FROM FOURTH CIRCUIT COURT OF APPEAL, PARISH OF ORLEANS, STATE OF LOUISIANA.


The writ is granted and the judgment of the court of appeal is reversed. La.R.S. 44:3, listing the exceptions to the general rule that records held by public bodies are public, exempts from disclosure "[r]ecords pertaining to pending criminal litigation or any criminal litigation which can be reasonably anticipated, until such litigation has been finally adjudicated or otherwise settled." (West 1982). Post conviction relief, which the respondent argued is contemplated by relator's client, is not "criminal litigation" within the meaning of this section of the Public Records Act. The reasons for this conclusion were well stated by the court of appeal in Harrison v. Norris, 569 So.2d 585 (La.App. 2d Cir. 1990). Insofar as Bizal v. Connick, 489 So.2d 343 (La.App. 4th Cir. 1986) is inconsistent, it is disapproved. The respondent is ordered to produce records in its possession and not otherwise privileged.

LEMMON, J., recused.

MARCUS and COLE, JJ., dissent with reasons.


Bizal v. Connick, 489 So.2d 343 (La.App. 4th Cir. 1986) and the dissents in Harrison v. Norris, 569 So.2d 585 (La.App. 2d Cir. 1990).


Summaries of

Lemmon v. Connick

Supreme Court of Louisiana
Dec 13, 1991
590 So. 2d 574 (La. 1991)

holding district attorney files are subject to public records requests once a conviction and sentence are final

Summary of this case from State v. Marshall

In Lemmon v. Connick, 590 So.2d 574 (La. 1991), the Louisiana Supreme Court held that post conviction relief is not "pending criminal litigation" within the meaning of the Public Records Act and reversed Bizal v. Connick, 489 So.2d 343, in so far as that holding was inconsistent with the Louisiana Supreme Court's ruling.

Summary of this case from Winn v. City of Alexandria

In Lemmon v. Connick, 590 So.2d 574 (La. 1991), the Louisiana Supreme Court ruled that a criminal defendant cannot be denied access to his criminal files after his conviction becomes final and that post conviction relief is not criminal litigation within the meaning of the Louisiana Public Records Act.

Summary of this case from State ex Rel. Counterman v. Whitley
Case details for

Lemmon v. Connick

Case Details

Full title:J. ROSLYN LEMMON v. HARRY F. CONNICK, DISTRICT ATTORNEY FOR THE CITY OF…

Court:Supreme Court of Louisiana

Date published: Dec 13, 1991

Citations

590 So. 2d 574 (La. 1991)

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