Legal Opinion · Concurring in part, dissenting in part
State v. P.D.A.
District Court of Appeal of Florida
Decided April 14, 1993No. 91-03092Published
1Concurring in part, dissenting in partAltenbernd, Judge
I concur in the affirmance of the trial court’s order sealing “other criminal history records,” but dissent from the reversal of the order sealing court records. Neither the express language of the First Amendment nor any penumbral right yet recognized by the United States Supreme Court mandates the use of the three-prong Press-Enterprise test in individualized trial court decisions to seal old criminal court records. I do not believe the trial court violated anyone’s constitutional rights when it made a case-specific decision — in an open court at a public hearing — to seal a closed criminal…
2Cases cited14 opinions
- Griswold v. ConnecticutSupreme Court of the United States · 1965
- Richmond Newspapers, Inc. v. VirginiaSupreme Court of the United States · 1980
- Globe Newspaper Co. v. Superior Court, County of NorfolkSupreme Court of the United States · 1982
- Press-Enterprise Co. v. Superior Court of Cal., County of RiversideSupreme Court of the United States · 1986
- Garcia v. DuffyDistrict Court of Appeal of Florida · 1986
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