TDCAA    TDCAA Community  Hop To Forum Categories  Civil    autopsy
Go
New
Find
Notify
Tools
Reply
  
autopsy Login/Join 
Member
posted
Need quick answer and can't put finger on it....JP ordered autopsy, results public record? I seem to recall they are but can't find it.
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
Member
posted Hide Post
See Tex. Att�y Gen. No. JC-0542 (2002) (�An autopsy report prepared in connection with an inquest by a justice of the peace into a murder may be inspected by the public pursuant to section 27.004 of the Government Code. Chapter 49 of the Code of Criminal Procedure, which governs inquests, does not provide confidentiality for records of an inquest conducted by a justice of the peace, or for an autopsy report prepared as part of the inquest. We find no statute that would except such an autopsy report from public inspection under Government Code section 27.004. However, should the district attorney's office or the police department wish to prohibit public disclosure of an autopsy report to prevent hindrance of the investigation and prosecution of a murder, it might find relief by securing a court order requiring the autopsy report in the justice's custody to be withheld from public inspection.�)

See Tex. Att�y Gen. No. JC-0422 (2001) (�Although the Public Information Act, Texas Government Code chapter 552, does not apply to records of the judiciary, such records may be available to the public under other laws. A �provisional autopsy report� prepared in connection with an inquest by a justice of the peace is not available under the Public Information Act, but members of the public may inspect it pursuant to section 27.004 of the Government Code.�).

See Tex. Att�y Gen. ORD-21 (1974) (�An autopsy performed either by or for a justice of the peace in the course of an inquest or by a medical examiner in determining the cause of death is a public record and subject to disclosure. A report of an autopsy performed privately with the consent of next of kin, cannot be divulged by a state hospital or state school unless certain exceptions exist�).
 
Posts: 341 | Location: Tarrant County, Texas | Registered: August 24, 2001Reply With QuoteReport This Post
Member
posted Hide Post
You can get a court order to prevent release of the report if it is an on-going investigation.
 
Posts: 61 | Location: Palestine, Texas USA | Registered: April 26, 2005Reply With QuoteReport This Post
Member
posted Hide Post
Thank you both!!!!!
Love this TDCAA forum
 
Posts: 568 | Registered: November 14, 2002Reply With QuoteReport This Post
  Powered by Social Strata  
 

TDCAA    TDCAA Community  Hop To Forum Categories  Civil    autopsy

© TDCAA, 2001. All Rights Reserved.