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eBook details

• Title: State Texas Ex Rel. John F. Healey v. Honorable Walter S. Mcmeans
• Author : Supreme Court Of Utah
• Release Date : January 05, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 69 KB

Description

Relator, Fort Bend County District Attorney, subpoenaed the real parties in interest, four television news reporters, and certain evidence in their possession, hereinafter "newsmen." The newsmen moved to quash the subpoenas contending the First Amendment and Tex. Const. art. I, ? 8 provide a qualified journalistic privilege. Respondent, a County Court at Law Judge in Fort Bend County, heard evidence on the motion and quashed the subpoenas. Relator sought mandamus from this Court setting aside respondents order quashing the subpoenas. On original submission we conditionally granted the requested relief but withheld the issuance of the writ of mandamus to allow respondent an opportunity to conform his actions to our opinion. The newsmen now seek rehearing contending: 1) our failure to recognize a qualified reporters privilege violated rights held by the newsmen under the First Amendment of the United States Constitution and art. I, ? 8 of the Texas Constitution; and, 2) mandamus may not lie because respondents actions were discretionary and not in conflict with clear, binding precedent from this Court. Motion for Rehearing pg. 2. I believe our opinion on original submission adequately considered and addressed the constitutional issues raised by the newsmen and no further discussion is warranted here. However, I write separately to address the questions that have arisen concerning our mandamus authority.

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