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. MarshallOpinion
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).