CONNELL v. KERSEY

Record No. 001729.

547 S.E.2d 228 (2001)

262 Va. 154

James G. CONNELL, III v. Andrew KERSEY.

Supreme Court of Virginia.

June 8, 2001.


Attorney(s) appearing for the Case

Jack L. Gould, Fairfax, for appellee.

Amici Curiae: Reporters Committee for Freedom of the Press and Virginia Coalition for Open Government (S. Mark Goodman; Lucy Dalglish; Gregg Leslie; Ashley Gauthier, Arlington, on brief), in support of appellant.

Michael F. Devine (Devine & Connell, on briefs), for appellant.

Present: All the Justices.


KOONTZ, Justice.

In this appeal, we consider whether the trial court properly sustained a demurrer to a petition for writ of mandamus. The petitioner had sought to compel a Commonwealth's Attorney to produce records related to an ongoing criminal investigation or prosecution, asserting that the records were subject to disclosure under The Virginia Freedom of Information Act, Code § 2.1-340, et seq. (FOIA).

BACKGROUND

The parties do not dispute...

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