Parker v. Lee

Bell, Justice.

This appeal concerns whether investigatory files in a criminal prosecution must be disclosed under the Open Records Act, OCGA § 50-18-70 to § 50-18-75,1 when a murder conviction and death sentence *196resulting from the prosecution have been affirmed on appeal, but a rape conviction has been reversed on a ground that leaves the state free to retry the defendant. We find that under the circumstances of this case the possible retrial of the defendant does not warrant nondisclosure of the investigatory files.

In 1984 the appellant, Byron Parker, was tried and convicted in Douglas…