RAPID CITY JOURNAL v. CIRCUIT COURT, ETC.

No. 12353.

283 N.W.2d 563 (1979)

RAPID CITY JOURNAL COMPANY, a corporation, Petitioner, v. The CIRCUIT COURT OF the SEVENTH JUDICIAL CIRCUIT WITHIN AND FOR PENNINGTON COUNTY, South Dakota, and the Honorable Merton B. Tice, Jr., Judge of Said Court, Respondents.

Supreme Court of South Dakota.

Reassigned January 11, 1979.

Decided September 26, 1979.


Attorney(s) appearing for the Case

Richard O. Gregerson, of Woods, Fuller, Shultz & Smith, Sioux Falls, Richard M. Schmidt, Jr., Martin J. Gaynes, and Ian D. Volner, of Cohn & Marks, Washington, D. C., for amici curiae, American Society of Newspaper Editors, National Newspaper Ass'n, Radio Television News Directors Ass'n, The Reporters Committee For Freedom of the Press Legal Defense and Research Fund, and The South Dakota Press Assn.

James R. Cregan, Washington, D. C., of counsel, for National Newspaper Assn.

Jack C. Landau, Washington, D. C., of counsel, for The Reporters Committee For Freedom of the Press.

J. Laurent Scharff, Washington, D. C., of counsel, for Radio Television News Directors Assn.

George A. Bangs, of Bangs, McCullen, Butler, Foye & Simmons, Rapid City, for petitioner.

Bruce A. Hubbard, of Morrill, Hansen & Hubbard, Sturgis, for respondents.


MORGAN, Justice (on reassignment).

In this original action in certiorari, the Rapid City Journal Company (petitioner) challenges the action of the trial court in closing to the public the jury voir dire portion of a criminal trial for second-degree manslaughter allegedly resulting from an abortion. The closure orders in question had expired by the time the petition for certiorari was filed, but, for reasons later discussed, we agreed to issue the writ and consider...

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