Vanderbilt rape case

11 Jun, 2014

Court of Appeals considers access to crime records in Tennessee

By |2021-02-02T10:35:57-06:00June 11, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , , , , , , , , , , |0 Comments

By Deborah Fisher, TCOG Executive Director Spectators packed the courtroom June 9 for oral arguments in the appeal of the public records case, The Tennessean et al v. Metro Government of Nashville. The petition was brought by The Tennessean and a media coalition after it requested to see crime records collected by police concerning an alleged rape at Vanderbilt University, and were denied access. So many people filled the rows of the appellate court that it prompted Judge Frank G. Clement to make a light note that the court usually doesn’t draw such a crowd. But the room quickly grew serious as lawyers began their arguments and the three appellate judges [...]

3 Jun, 2014

Newspapers, broadcasters file amicus briefs in public records case

By |2014-09-12T15:00:59-05:00June 3, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: , , |0 Comments

The Tennessee Association of Broadcasters and the Tennessee Press Association have both filed amicus briefs in the public records case on appeal involving police files of the Vanderbilt rape case. Representing broad swaths of media throughout the state, both make arguments that any exemption to the Tennessee Public Records Act created by the Rule of Criminal Procedure 16(a)(2) is limited to records not discoverable by the defense under the rule. The rule governs what categories of police evidence the defense in a criminal trial is entitled to see, and what evidence they are not entitled to see. But in the years following a 1987 Tennessee Supreme Court Decision, Appman v. [...]

30 Apr, 2014

Will Vanderbilt rape case provide answer to nagging public records question?

By |2018-08-06T08:49:03-05:00April 30, 2014|Categories: crime records, investigative exemption, public records lawsuits Tennessee|Tags: , , , |0 Comments

By FRANK GIBSON Public Policy Director for Tennessee Press Association As unbelievable as it might sound, it has taken 27 years to find a case to challenge the way local law enforcement has abused and exploited a state Supreme Court ruling to make it difficult for the press to cover crime in our communities. Reporters and editors will recognize it as the “matter under investigation” excuse for  denying public records.  Contrary to what a sizeable segment of Tennessee’s law enforcement community thinks, it is really not an blanket exemption to our Public Records Act. A case called Appman v. Worthington has been the bane of editors and reporters, particularly police [...]

10 Apr, 2014

Read court filings for and against open records in Vanderbilt rape case

By |2014-06-03T07:35:41-05:00April 10, 2014|Categories: crime records, public records lawsuits Tennessee, Tennessee Coalition for Open Government|Tags: , , , |0 Comments

Updated June 3 with additional briefs filed with Court of Appeals. The Tennessean and 10 other media organizations and related groups filed an open records lawsuit against Metro Government of Nashville and Davidson County, challenging its assertion that police records in the Vanderbilt rape case are exempted from the Tennessee Public Records Act. At issue is just how far the Tennessee Rule of Criminal Procedure 16(a)(2) goes in restricting access by the public to police records during an investigation or prosecution. The coalition -- which includes Tennessee Coalition for Open Government -- contends 16(a)(2) is not a blanket exemption, and to make it so violates Tennessee statute and constitutional rights [...]

9 Apr, 2014

Coalition asks appeals court to affirm records ruling in Vanderbilt rape case

By |2014-04-10T06:47:34-05:00April 9, 2014|Categories: crime records, public records lawsuits Tennessee|Tags: , , , , |0 Comments

The Tennessean and a coalition of others have asked the Court of Appeals to affirm a recent trial court's ruling that found no "blanket" exemption to the Tennessee Public Records Act for crime records during a pending criminal case. The open records lawsuit against Metropolitan Government of Nashville and Davidson County started with a public records request by The Tennessean that included text messages received or sent by third party sources in the Vanderbilt rape case. Metro Government denied those records, citing Tennessee Rule of Criminal Procedure 16(a)(2), which bars discovery of certain law enforcement material during an active criminal prosecution. The Tennessean was joined in the petition by 10 other media [...]

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