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Document's Exemption From Production Under Act Dependant On Pending Charges Outcome
Georgia State prisoner Byron Parker petitioned for review of a 1986 court ruling denying him access to files for his potential post-conviction relief. A pending rape charge statutorily determined denial. The denial was reversed for a lack of eminent prosecutorial intent regarding the outstanding charge and remanded for further considerations pertinent to disclosure.
Parker was sentenced to death for murder and rape in 1984. The murder conviction and death sentence was affirmed on direct appeal. His rape charge was overturned with reservations for further prosecution. Parker pursued a habeas corpus action against his conviction for murder. The Douglas County Sheriff and the District Attorney (DA) denied his document request. He then sought disclosure under the Georgia Open Records Act. The court denied the request because of the pending rape indictment.
On appeal, the Supreme Court of Georgia determined that the DA and the Sheriff failed to meet the burden of proving any reasonable time frame for, or actual intent of, retrying him for the rape. The court ruled that since the Legislature intended disclosure after the murder conviction was final the state could retry Parker for the rape after the habeas outcome. See: Parker v. Lee. 259 Ga. 195, 378 S.E.2d 677 (1989).
Parker was sentenced to death for murder and rape in 1984. The murder conviction and death sentence was affirmed on direct appeal. His rape charge was overturned with reservations for further prosecution. Parker pursued a habeas corpus action against his conviction for murder. The Douglas County Sheriff and the District Attorney (DA) denied his document request. He then sought disclosure under the Georgia Open Records Act. The court denied the request because of the pending rape indictment.
On appeal, the Supreme Court of Georgia determined that the DA and the Sheriff failed to meet the burden of proving any reasonable time frame for, or actual intent of, retrying him for the rape. The court ruled that since the Legislature intended disclosure after the murder conviction was final the state could retry Parker for the rape after the habeas outcome. See: Parker v. Lee. 259 Ga. 195, 378 S.E.2d 677 (1989).
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