State ex rel. Hicks v. Thompson

Supreme Court of Oklahoma

State ex rel. Hicks v. Thompson

1993 OK 57, 851 P.2d 1077, 64 O.B.A.J. 1411, 1993 Okla. LEXIS 66, 1993 WL 138789

Supreme Court of Oklahoma·Decided May 3, 1993·No. No. 80855·Published·Cited by 2 cases

Opinion

ORDER

Petitioner has filed an application to assume original jurisdiction and petition for writ of prohibition prohibiting enforcement of trial court’s order dated December 21, 1992 modifying its protective order of June 25, 1990 by permitting discovery of OSBI evidence and reports concerning its investigation of Mark Wojciewhowski and allowing parties in civil lawsuit to take the deposition of OSBI agent John (sic) Huntington by notice and subpoena. Having reviewed the files and arguments of counsel we find that the OSBI-procured evidence and reports concerning its investigation are privileged and confidential records under 74 O.S. § 150.5(D). The fact that the investigation is closed does not alter the confidential nature of those records. We therefore assume original jurisdiction and issue writ prohibiting Respondent from enforcing his order of December 21, 1992.

APPLICATION TO ASSUME ORIGINAL JURISDICTION GRANTED; WRIT OF PROHIBITION ISSUE.

HODGES, C.J., LAVENDER, V.C.J., SIMMS, HARGRAVE, OPALA, ALMA WILSON, SUMMERS and WATT, JJ., concur. KAUGER, J., recused.

Free access — add to your briefcase to read the full text and ask questions with AI

ORDER

Petitioner has filed an application to assume original jurisdiction and petition for writ of prohibition prohibiting enforcement of trial court’s order dated December 21, 1992 modifying its protective order of June 25, 1990 by permitting discovery of OSBI evidence and reports concerning its investigation of Mark Wojciewhowski and allowing parties in civil lawsuit to take the deposition of OSBI agent John (sic) Huntington by notice and subpoena. Having reviewed the files and arguments of counsel we find that the OSBI-procured evidence and reports concerning its investigation are privileged and confidential records under 74 O.S. § 150.5(D). The fact that the investigation is closed does not alter the confidential nature of those records. We therefore assume original jurisdiction and issue writ prohibiting Respondent from enforcing his order of December 21, 1992.

APPLICATION TO ASSUME ORIGINAL JURISDICTION GRANTED; WRIT OF PROHIBITION ISSUE.

HODGES, C.J., LAVENDER, V.C.J., SIMMS, HARGRAVE, OPALA, ALMA WILSON, SUMMERS and WATT, JJ., concur. KAUGER, J., recused.

State ex rel. Hicks v. Thompson, 1993 OK 57, 851 P.2d 1077, 64 O.B.A.J. 1411, 1993 Okla. LEXIS 66, 1993 WL 138789 (Okla. 1993).

Pincite

1993 OK 57 (State ex rel. Hicks v. Thompson) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related