# Commonwealth v. Upshur

> Supreme Court of Pennsylvania · June 20, 2007 · 592 Pa. 273

URL: https://www.frixlaw.com/law-library/cases/9696539

## Case

- **Full name:** COMMONWEALTH of Pennsylvania v. Jamie Lynn UPSHUR, Appeal of WPXI, Inc.
- **Court:** Supreme Court of Pennsylvania
- **Decided:** June 20, 2007
- **Citations:** 592 Pa. 273; 924 A.2d 642; 2007 Pa. LEXIS 1307
- **Precedential status:** Published
- **Opinion:** Dissent by Fitzgerald
- **Judges:** Cappy, Castille, Saylor, Eakin, Baer, Baldwin, Fitzgerald
- **Cited by:** 21 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9696539

## How later opinions describe it (automated extraction)

- recognizing that “courts retain supervisory powers over their records and documents”
- recognizing that right to examine public judicial documents is not absolute

## Opinion text

Justice FITZGERALD
dissenting.
I respectfully dissent. I believe that providing the media with copies of evidence for public dissemination during trial court proceedings can severely undermine the integrity of a criminal trial. I would affirm the Superior Court’s holding reversing the trial court’s order in this case, especially because the audiotape was never entered into evidence or otherwise filed with the court and made part of the record, despite the fact that it was played during the preliminary hearing. See Commonwealth v. Upshur, 882 A.2d 499, 503 (Pa.Super.2005). Although I do not oppose release of a transcript of the tape, I do not view the tape itself as a “public judicial record” subject to public access under the circumstances.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9696539. Public record. Not legal advice.