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

CourtSupreme Court of Oklahoma

DecidedMay 3, 1993

DocketNo. 80855

StatusPublished

Cited by2 cases

This text of 1993 OK 57 (State ex rel. Hicks v. Thompson) is published on Counsel Stack Legal Research, covering Supreme Court of Oklahoma primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

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).

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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.

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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.

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Bluebook (online)

1993 OK 57, 851 P.2d 1077, 64 O.B.A.J. 1411, 1993 Okla. LEXIS 66, 1993 WL 138789, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-ex-rel-hicks-v-thompson-okla-1993.

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