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CAPE PUBLICATIONS, INC. v. BRADEN

Nos. 2000-SC-0769-MR, 2000-SC-0814-MR, 2000-SC-0875-TG.

39 S.W.3d 823 (2001)

CAPE PUBLICATIONS, INC., d/b/a The Courier-Journal, Appellant, v. The Honorable Paul BRADEN Judge, Whitley Circuit Court; the Commonwealth of Kentucky (Real Party in Interest); and Larry Osborne (Real Party in Interest), Appellees, and The Honorable Paul Braden Judge, Whitley Circuit Court, Appellant, v. Cape Publications, Inc., d/b/a the Courier-Journal; and Commonwealth of Kentucky (Real Party in Interest) and Larry Osborne, Appellees, and Larry Osborne, Gail Robinson and Timothy G. Arnold, Appellants, v. Honorable Paul E. Braden, Judge Whitley Circuit Court; and Commonwealth of Kentucky (Real Party in Interest), Appellees.

Supreme Court of Kentucky.

March 22, 2001.

Attorney(s) appearing for the Case

Jon L. Fleischaker, R. Kenyon Meyer, Dinsmore & Shohl, LLP, Louisville, Counsel for Cape Publications d/b/a The Courier Journal.

Howard O. Mann, Marcus L. Vanover, Law Offices of Howard O. Mann, P.S.C., Paul Braden, Judge, Whitley Circuit Court, Corbin, Counsel for Judge Paul Braden.

A.B. Chandler III, Attorney General, Frankfort, Allen C. Trimble, Trimble & Mann, Corbin, Counsel for Commonwealth of Kentucky.

Dennis Burke, Roger A. Gibbs, Department of Public Advocacy, James M. Norris, Assistant Public Advocate, London, Timothy G. Arnold and Gail Robinson, Assistant Public Advocates, Department of Public Advocacy, Frankfort, Counsel for Larry Osborne, Gail Robinson and Timothy G. Arnold.

WINTERSHEIMER, Justice.

This appeal and cross-appeal are from an order of the Court of Appeals which grants in part a writ of mandamus pursuant to CR 76.36. The order of the circuit court denying a request by the Courier Journal to remove restrictions of access to jurors was vacated and the circuit court was directed to take appropriate steps to have a letter sent to each juror to make an affirmative request to continue to refuse to be interviewed by the news media...

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