State ex rel. Lorenzetti v. Honorable David H. Sanders

Defendant was indicted on eight charges relating to the alleged sexual abuse of his eight-year-old daughter S.F. S.F. received treatment from the Department of Health and Human Resources (DHHR), which maintained files to which the prosecutor had access. Defendant requested S.F.’s DHHR files on the ground that the prosecutor was required to turn over potentially exculpatory evidence in its possession. After an in camera review, the circuit court granted Defendant’s lawyer access to the DHHR files, finding that Defendant had a constitutional right to review the DHHR’s files on S.F. on the grounds that the files contained exculpatory information that was material to the defense. The prosecutor then sought a writ of prohibition against the enforcement of the circuit court’s order. The Supreme Court denied the writ, holding (1) the circuit court did not err by finding that Defendant had a constitutional right to review the DHHR’s files on S.F.; and (2) the circuit court followed the correct procedure in determining that these files could be reviewed by Defendant’s lawyer. View "State ex rel. Lorenzetti v. Honorable David H. Sanders" on Justia Law