State of Tennessee v. Randall C. Johnson

Summary

This is a separate opinion by Chief Justice Jeffrey S. Bivins of the Supreme Court of Tennessee, concurring in part and dissenting in part in State of Tennessee v. Randall C. Johnson, also captioned In re: Nashville Banner. The opinion argues that the court need not resolve whether a good-cause or compelling-interest standard governs sealing of records because the records should not have been sealed under either standard. It criticizes the majority’s decision to adopt the compelling-interest standard as unnecessary and potentially consequential in future cases.

Questions Presented

1. Whether the Tennessee Supreme Court should adopt or resolve the applicable standard for sealing the records at issue when the records should not have remained sealed under either a good-cause or compelling-interest standard.
2. Whether it was prudent for the majority to resolve the applicable standard of review when that standard was not determinative of the case.

Disposition

other