GILBERT v. McDONALD-BURKMAN

No. 2010-SC-000035-MR.

320 S.W.3d 79 (2010)

Jesse C. GILBERT, Appellant, v. Honorable Judith E. McDONALD-BURKMAN, Judge, Jefferson Circuit Court and Commonwealth of Kentucky; and Cecil E. New, II (Real Parties in Interest), Appellees.

Supreme Court of Kentucky.

August 26, 2010.


Attorney(s) appearing for the Case

Charles E. Ricketts, Jr. , Jonathan S. Ricketts , Ricketts Law Offices, PLLC, Louisville, KY, for appellant.

Judith E. McDonald-Burkman , Jefferson Circuit Judge, Louisville, KY, appellee.

Jack Conway , Attorney General, Raymond David Stengel , Commonwealth Attorney, Jonathan R. Heck , Assistant Commonwealth Attorney, Louisville, KY, for Real Party in Interest, Commonwealth of Kentucky.

Brian Jay Lambert , James David Niehaus , Deputy Appellate Defender, Office of the Louisville Metro Public Defender, Angela Marie Rea , Louisville Metro Public Defender, Louisville, KY, for Real Party in Interest, Cecil E. New, II.


Opinion of the Court by Justice NOBLE.

Appellant, Jesse C. Gilbert, appeals a decision of the Court of Appeals denying his petition for a writ of mandamus. Appellant sought the writ to force a circuit court judge to allow him access to a sealed discovery file in another criminal case. The Court of Appeals denied the writ because Appellant had failed to show why he was entitled to the material. The Court of Appeals is affirmed...

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