In re People v. Sir Mario Owens

Summary

The Colorado Supreme Court considered whether the public has a constitutional right of access to records sealed in a capital murder post-conviction proceeding. The court held that neither the First Amendment nor Article II, section 10 of the Colorado Constitution guarantees unfettered access to criminal justice records. It affirmed the denial of The Colorado Independent’s motion to unseal the records and discharged the rule.

Holdings

1. The First Amendment does not establish a general constitutional right of public access to any and all court records in criminal cases, including the sealed records at issue.
2. Article II, section 10 of the Colorado Constitution does not guarantee a sweeping or unfettered public right of access to criminal justice records.
3. The district court did not err in denying The Colorado Independent's motion to unseal the records.

Questions Presented

1. Whether the First Amendment guarantees the public a presumptive right of access to all court records filed in criminal cases.
2. Whether Article II, section 10 of the Colorado Constitution guarantees the public a presumptive right of unfettered access to sealed criminal justice records.
3. Whether the district court erred by denying The Colorado Independent's motion to unseal the records.

Disposition

affirmed