Local media is wanting to dig into the court's file and our files in a death case that we have pending. We're obviously not giving them anything. Our judge, however, would like a written opinion from us. does anyone know an AG opinion discussing whether the media has a "legitimate interest" under 58.007 and thus could inspect these files with leave of the court? I've browsed the AG opinions on the TJPC site to no avail. The answer seems pretty obvious but I'd like to have some authority to provide the court. any help would be greatly appreciated.
I don't think you will find many AG opinions on whether a judge should release information under 58.007(b)(5). Here are a couple: Op.Atty.Gen.1974, No. H-264; Tex. Atty. Gen. Op. DM-334 (victim of vandalism may have a "legitimate interest") (at http://www.oag.state.tx.us/opinions/op48morales/dm-334.htm ); see also Tex. Atty. Gen. Op.
Informal Letter Ruling No. OR2002-0101 (trial court may order D.A. to provide copies to defense attorney)
You can also look here
You might also look at the common law right to privacy: The doctrine of common-law privacy protects information if it is highly intimate or embarrassing such that its release would be highly objectionable to a reasonable person and the public has no legitimate interest in it. Industrial Found. v. Texas Indus. Accident Bd., 540 S.W.2d 668 (Tex. 1976).
Also on the subject of your files you might look at In re W. R. M., 534 S.W.2d 178, 179-80
(Tex.Civ.App. 1976, no writ).
|Powered by Social Strata|
© TDCAA, 2001. All Rights Reserved.