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Request By:
Beve Stewart, # 182300
Eastern Kentucky Correctional Complex
200 Road to Justice
West Liberty, KY 41472Danny Evans
Commonwealth's Attorney
202 West Seventh Street, Suite 204
London, KY 40741

Opinion

Opinion By: Gregory D. Stumbo, Attorney General; Amye L. Bensenhaver, Assistant Attorney General

Open Records Decision

This matter having been presented to the Attorney General in an open records appeal, and the Attorney General being sufficiently advised, we find that the Commonwealth's Attorney for the 27th Judicial Circuit did not violate the Open Records Act in denying Beve Stewart's request for the transcripts of the grand jury proceedings relating to case number 03-CR-00079-1. We believe that 00-ORD-116, a copy of which is attached hereto and incorporated by reference, is controlling.

A party aggrieved by this decision may appeal it by initiating action in the appropriate circuit court pursuant to KRS 61.880(5) and KRS 61.882. Pursuant to KRS 61.880(3), the Attorney General should be notified of any action in circuit court, but should not be named as a party in that action or in any subsequent proceeding.

LLM Summary
The Attorney General's decision upheld the denial by the Commonwealth's Attorney for the 27th Judicial Circuit of Beve Stewart's request for transcripts of grand jury proceedings. The decision was based on precedent set by 00-ORD-116, which was cited as controlling, indicating that the denial was consistent with previous interpretations of the Open Records Act regarding the confidentiality of grand jury proceedings.
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Requested By:
Beve Stewart
Agency:
Office of the Commonwealth’s Attorney for the 27th Judicial Circuit
Type:
Open Records Decision
Lexis Citation:
2006 Ky. AG LEXIS 17
Cites:
Forward Citations:
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