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STATE POLICE v. OFFICE OF OPEN RECORDS

No. 741 C.D. 2009

5 A.3d 473 (2010)

PENNSYLVANIA STATE POLICE, Petitioner v. OFFICE OF OPEN RECORDS, Respondent.

Commonwealth Court of Pennsylvania.

Decided September 16, 2010.

Attorney(s) appearing for the Case

R.H. Hawn, Jr. , Asst. Counsel, Harrisburg, for petitioner.

Nathanael J. Byerly , Chief Counsel, Harrisburg, for respondent.

Linda J. Laub , Deputy Chief Counsel, Harrisburg, for amicus curiae, The Office of Victim Advocate, in support of Pennsylvania State Police.

Melissa Melewsky , Harrisburg, for amicus curiae, The Pennsylvania Newspaper Association, in support of Office of Open Records.

BEFORE: LEADBETTER, President Judge, and McGINLEY, Judge, and PELLEGRINI, Judge, and COHN JUBELIRER, Judge, and LEAVITT, Judge, and McCULLOUGH, Judge, and BUTLER, Judge.

OPINION BY Judge COHN JUBELIRER.

The Pennsylvania State Police (PSP) petitions this Court for review of the Final Determination by the Office of Open Records (OOR) to grant the appeal of Donald R. Gilliland (Requester) from the PSP's denial of his request for an incident report (Incident Report) under the Right-to-Know Law (RTKL).1 PSP argues that the OOR erred in granting the appeal because the Incident Report is a criminal investigation...

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