Opinion

Froman v. Shoop

Court
District Court, S.D. Ohio
Filed
Sep 26, 2023
Cited by
0 cases
Authority
More cited than 28.4%

“Every court has supervisory power over its own records and files.”

How later courts described this case

  • “Every court has supervisory power over its own records and files.”

Written by the judges who cited it.

The opinion

UNITED STATES DISTRICT COURT

SOUTHERN DISTRICT OF OHIO

WESTERN DIVISION

TERRY LEE FROMAN,

Petitioner,

v. Case No. 2:23-cv-444

TIM SHOOP, Warden, Barrett, J.

Chillicothe Correctional Institution, Litkovitz, M.J

Respondent. ORDER

Petitioner, a prisoner sentenced to death by the State of Ohio, has pending before this

Court a notice of intent to file a habeas corpus petition pursuant to 28 U.S.C. § 2254. This

matter is before the Court on Respondent’s Unopposed Motion for Leave to File Sealed State

Court Documents Under Seal (Doc. 12), and Respondent’s Unopposed Motion for Leave to

Manually File Audio/Visual and Graphic Photo Exhibits. (Doc. 13).

In the motion to file sealed state court documents under seal, Respondent identifies the

documents at issue as “four State Court pleadings and the jury questionnaires.” (Doc. 12).

Respondent seeks to file these documents under seal as part of the Appendix, explaining only

that “these motions and their accompanying orders and the jury questionnaires were filed under

seal in the trial court.” (Id.) Respondent notes the state trial court granted the Warden limited

access to the documents for the purpose of filing them in these habeas proceedings, and

“[b]ecause these documents remain not publicly available in the State Court, the Warden

respectfully requests they be restricted from public access in this Court.” (Id.)

Respondent’s motion is, for the moment, GRANTED. Respondent may file the jury

questionnaires and the four pleadings at issue under seal. However, the Court DIRECTS the

parties to brief, within fourteen (14) days, the issue of maintaining these documents under seal.

A court’s discretion to seal its own records and files is limited by the “‘strong presumption in

favor of openness’ as to court records.” Shane Grp., Inc. v. Blue Cross Blue Shield of Mich., 825

F.3d 299, 305 (6th Cir. 2016) (quoting Brown & Williamson Tobacco Corp. v. F.T.C., 710 F.2d

1165, 1179 (6th Cir. 1983)). See also Nixon v. Warner Commc’ns, Inc., 435 U.S. 589, 598

(1978) (“Every court has supervisory power over its own records and files.”). This openness

presumption owes to the public’s “strong interest in obtaining the information contained in the

court record . . . [including] an interest in ascertaining what evidence and records” a court relies

upon for its decisions. Lipman v. Budish, 974 F.3d 726, 753 (6th Cir. 2020) (quoting Brown &

Williamson, 710 F.2d at 1180-81). The party seeking to seal court records carries the heavy

burden of overcoming this presumption, and “[o]nly the most compelling reasons can justify

non-disclosure of judicial records.” Shane Grp., 825 F.3d at 305 (quoting In re Knoxville News-

Sentinel Co., Inc., 723 F.2d 470, 476 (6th Cir. 1983)). Additionally, the Court is required to set

forth specific findings and conclusions justifying the sealing of records—regardless of whether a

party objects. Id. at 306.

To justify sealing records, the proponent must demonstrate: “(1) a compelling interest in

sealing the records; (2) that the interest in sealing outweighs the public’s interest in accessing the

records; and (3) that the request is narrowly tailored.” Kondash v. Kia Motors Am., Inc., 767 F.

App’x 635, 637 (6th Cir. 2019) (citing Shane Grp., 825 F.3d at 305). The proponent must also

“analyze in detail, document by document, the propriety of secrecy, providing reasons and legal

citations.” Shane Grp., 825 F.3d at 305-06 (quoting Baxter Intern., Inc. v. Abbott Lab’ys, 297

F.3d 544, 548 (7th Cir. 2002)).

The Court recognizes the state trial court elected to file and maintain these documents

under seal as part of the state court proceedings. However, Respondent has not identified the

nature of the documents to this Court beyond the general statement that the documents consist of

juror questionnaires and “four State Court pleadings.” More information is needed for the Court

to determine whether principles of comity and deference to the state court’s initial determination

may be enough to overcome the public’s interest in open courts. Respondent also has not

addressed whether it is possible to file redacted versions of these exhibits in order to ensure the

remedy is “no broader than necessary to address the compelling reason for non-disclosure.”

Luxottica of Am. Inc. v. Allianz Glob. Risks US Ins. Co., No. 1:20-cv-698, 2021 WL 735205, at

*3 (S.D. Ohio Feb. 25, 2021) (internal citations omitted). See also Wiggins v. Bank of Am., N.A.,

No. 2:19-cv-3223, 2020 WL 7056479, at *2 (S.D. Ohio Dec. 2, 2020) (holding that the motion to

seal was “narrowly tailored” because the party sought “not to seal these exhibits in their entirety,

but rather, to file redacted versions on the public docket”). The parties shall also address

whether the substance of the four sealed documents is otherwise disclosed or apparent in the trial

transcript or other portions of the state court record.

The Court GRANTS Respondent’s motion for leave to manually file two disks

containing trial and hearing exhibits in the form of audio/visual files, as well as graphic photo

exhibits.

IT IS THEREFORE ORDERED THAT:

1. The Court GRANTS, on an interim basis, Respondent’s motion to file the juror

questionnaires and the four pertinent documents referenced in the motion under seal.

2. Within fourteen (14) days, the parties shall brief the issue of maintaining these

documents under seal.

3. Respondent’s unopposed motion to file certain audio/visual exhibits and graphic photo

exhibits manually is GRANTED.

IT IS SO ORDERED.

Date: 9/26/2023 Horn, K Rethon

Karen L. Litkovitz

Chief United States Magistrate Judge

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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