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MORKE v. RECORD CUSTODIAN

No. 90-0327-CR.

159 Wis.2d 722 (1990)

465 N.W.2d 235

STATE EX REL. Thomas R. MORKE, Petitioner-Respondent, v. RECORD CUSTODIAN, Department of Health & Social Services, Respondent-Appellant.

Court of Appeals of Wisconsin.

Decided December 13, 1990.

Attorney(s) appearing for the Case

For the respondent-appellant the cause was submitted on the briefs of Donald J. Hanaway, attorney general, and Robert W. Larsen, assistant attorney general.

For the petitioner-respondent the cause was submitted on the brief of Thomas R. Morke, pro se, of Lexington, Virginia.

Before Eich, C.J., Dykman and Sundby, JJ.

EICH, C.J.

Jean Gilpin, the record custodian of the Wisconsin Department of Health and Social Services, appeals from an order compelling her to turn over certain prison records to Thomas Morke, a recently-released prison inmate. The issue is whether Gilpin properly weighed the harm that would flow from providing the records to Morke against the strong presumption in favor of public access to state records. We conclude that she did, and we reverse the order.

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