IN RE JURY QUESTIONNAIRES

No. 10-SP-1612.

37 A.3d 879 (2012)

In re Access to JURY QUESTIONNAIRES; The Washington Post, Appellant.

District of Columbia Court of Appeals.

Decided January 19, 2012.


Attorney(s) appearing for the Case

Bruce D. Brown , with whom Laurie A. Babinski , Eric N. Lieberman , James A. McLaughlin , Washington, DC, and Kalea S. Clark were on the brief, for The Washington Post.

Patricia A. Heffernan , Assistant United States Attorney, with whom Ronald C. Machen Jr. , United States Attorney, and Roy W. McLeese III , Amanda Haines , Fernando Sanchez-Campoamor , and Christopher Kavanaugh , Assistant United States Attorneys, were on the brief, for the United States.

James Klein and Jonathan W. Anderson , Public Defender Service, filed a statement in lieu of brief for Ingmar Guandique.

Bruce Gottlieb filed a brief for Allbritton Communications Company; Alm Media, LLC; American Society of News Editors; the Associated Press; Atlantic Media, Inc.; Dow Jones and Company, Inc.; Gannett Co., Inc.; Hearst Corporation; National Public Radio; The New York Times Company; The New Yorker; Newspaper Association of America; Radio Television Digital News Association; Reporters Committee for Freedom of the Press; Society of Professional Journalists; and Tribune Company, as amici curiae in support of The Washington Post.

Before GLICKMAN and OBERLY, Associate Judges, and KING, Senior Judge.


OBERLY, Associate Judge:

Soon after the start of Ingmar Guandique's trial for the murder of Chandra Levy, The Washington Post ("The Post") sought access to the jury questionnaires completed by the sixteen empaneled jurors. When informal attempts to gain access were denied, The Post filed a motion to intervene, arguing that both the common law and the First Amendment create a presumption of public access to jury questionnaires used in voir dire. After the trial...

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