The Tennessean, et al. v. Metropolitan Government of Nashville And Davidson County, et al. - Dissent

The Court’s decision in this case excepts materials that are “relevant to a pending or contemplated criminal action” from disclosure under the Public Records Act based upon Tennessee Rule of Criminal Procedure 16(a)(2). I find such a conclusion inconsistent with a fair reading of Rule 16(a)(2) and, therefore, respectfully dissent. However, because the trial court should have considered the victim’s rights, the criminal defendants’ Sixth Amendment rights under the United States Constitution,and the State’s interests in a fair trial before determining what materials were subject to public inspection, I would vacate the trial court’s ruling and remand for further proceedings.