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APPLETON POST-CRESCENT v. JANSSEN

Nos. 87-1446, 88-0954.

149 Wis.2d 294 (1989)

441 N.W.2d 255

IN RE VARIOUS SEARCH WARRANTS & DOCUMENTARY SUBPOENAS CONCERNING the DEATH OF Michelle M. KOY: The APPLETON POST-CRESCENT, Petitioner-Appellant, v. Ruth H. JANSSEN, Clerk of Circuit Court, Outagamie County; William J. Grogan, Outagamie County District Attorney; Philip C. Russell, Outagamie County Coroner; David L. Gorski, City of Appleton Chief of Police; and Richard Davis, City of Appleton Fire Chief, Respondents. The APPLETON POST-CRESCENT, Plaintiff-Respondent, v. Ruth H. JANSSEN, Clerk of Circuit Court, Outagamie County; William J. Grogan, Outagamie County District Attorney; Philip C. Russell, Outagamie County Coroner; David L. Gorski, City of Appleton Chief of Police; and Richard Davis, City of Appleton Fire Chief, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided February 21, 1989.

Attorney(s) appearing for the Case

For petitioner-appellant-plaintiff-respondent there were briefs by Eugenia G. Carter, Brady C. Williamson, and La Follette & Sinykin, Madison.

For respondents-defendants-appellants there was a brief by William J. Grogan, district attorney, Outagamie County, Appleton.

For respondent-defendant-appellant William J. Grogan there was a brief by Donald J. Hanaway, attorney general, and Thomas J. Balistreri, assistant attorney general, Madison.

For respondent-defendant-appellant David L. Gorski there was a brief by Greg J. Carman, Appleton city attorney, Appleton.

Before Cane, P.J., LaRocque and Eich, JJ.

LaROCQUE, J.

This consolidated appeal presents a dispute over limited attorney access to law enforcement records gathered in a homicide investigation solely to better present an open records argument. The Appleton Post-Crescent (the newspaper), first sought through an order to show cause in February, 1987, the release of court records consisting of subpoenaed material and search warrant information relating to the murder of a young Appleton woman on October 13, 1985...

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