State v. Gary Lunsford (075691)

and Judge CUFF (temporarily assigned), concurring and dissenting.

We concur in the judgment that affirms the trial court’s decision to quash the grand jury subpoena for telephone billing records. We respectfully dissent from the portion of the Court’s judgment that permits the State to apply for a court order to obtain those *156records based on the new procedures outlined in the Court’s opinion.

This appeal is about where one puts one’s marker on privacy. For the telephone billing records in issue in this matter, we place our marker where this Court placed it over thirty years ago in State v.…