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IN RE SUBPOENAS

Docket No. 220790.

613 N.W.2d 342 (2000)

240 Mich. App. 369

In re SUBPOENAS TO NEWS MEDIA PETITIONERS. In re Investigation of March 1999 Riots in East Lansing. People of the State of Michigan, Plaintiff-Appellant/Cross-Appellee, v. Anthony David Pastor, Defendant, and Federated Publications, Inc., d/b/a Lansing State Journal, WXYZ Channel 7, WZZM-TV, WMMT-TV3, WILX-TV, WLNS-TV, State News, Inc., The Detroit Free Press, Inc., WJBK-TV, WKBD-TV, and WJRT-TV, Appellees/Cross-Appellants.

Court of Appeals of Michigan.

Decided March 28, 2000, at 9:05 a.m.

Released for Publication June 22, 2000.

Attorney(s) appearing for the Case

Jennifer M. Granholm, Attorney General, Thomas L. Casey, Solicitor General, Stuart J. Dunnings, III, Prosecuting Attorney, and Samuel R. Smith, Chief Appellate Attorney, for the people.

Foster, Swift, Collins & Smith, P.C. (by Charles E. Barbieri), Lansing, for Federated Publications, Inc.

Honigman, Miller, Schwartz & Cohn (by Herschel P. Fink and Cameron J. Evans), Detroit, for The Detroit Free Press, Inc., WJBK-TV, WKBD-TV, and WJRT-TV.

Kasiborski, Ronayne & Flaska (by John J. Ronayne, III), Detroit, for WILX-TV, WLNS-TV, and State News, Inc.

Butzel Long (by James E. Stewart) for WXYZ-TV, Detroit, and Baker & Hostetler LLP (by Bruce W. Sanford), Washington, D.C., of Counsel to Channel 7 of Detroit, Inc.

Warner, Norcross & Judd (by Devin S. Schindler), Grand Rapids, for WZZM-TV.

Varnum, Riddering, Schmidt & Howlett, LLP (by John W. Allen), Kalamazoo, for WWMT-TV3.

Law Offices of Dawn Phillips-Hertz (by Dawn Phillips-Hertz and Lisa Rycus Mikalonis), Troy, amicus curiae for Michigan Press Association.

Before: O'CONNELL, P.J., and MURPHY and JANSEN, JJ.

MURPHY, J.

In April 1999, a number of investigative subpoenas were issued to appellees/cross-appellants, several news organizations (hereinafter the media), requiring the media to produce several unpublished photographs and videotapes taken by the media's employees during what has been referred to as the East Lansing riots in March 1999. After a remand from our Supreme Court, the district court held that the investigative subpoenas were proper under M.C.L. §...

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