Opinion

Commonwealth v. Upshur

  • 592 Pa. 273
  • 924 A.2d 642
  • 2007 Pa. LEXIS 1307
Court
Supreme Court of Pennsylvania
Filed
Jun 20, 2007
Status
Published
Author
Cappy
On the bench
Cappy, Castille, Saylor, Eakin, Baer, Baldwin, Fitzgerald
Cited by
21 cases

recognizing that “courts retain supervisory powers over their records and documents”

How later courts described this case

  • recognizing that “courts retain supervisory powers over their records and documents”
  • recognizing that right to examine public judicial documents is not absolute
  • “[T]he right to examine public judicial documents is not absolute, and courts retain supervisory power over their records and documents.”
  • "As the court did not develop its reasoning with regard to [its exercise of discretion] in its Rule 1925(a

Written by the judges who cited it.

The opinion

Chief Justice CAPPY

concurring.

I join the Opinion Announcing the Judgment of the Court in all respects. I write separately only to emphasize that WPXI is only entitled to access a copy of the audiotape. There is simply no reason that WPXI should be given custody of the tape itself, as such custody could raise serious security concerns regarding potential evidence. The risk of inadvertent destruction or loss of evidence, is too great. Rather, it is within the trial court’s supervisory powers to determine the best way to provide access to the audiotape in question.

Additionally, I point out that the party seeking access to the document in question should be charged with the costs related to replication.

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.

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.