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Ninth: Prop 8 recordings sealed

Timothy Kincaid

February 2nd, 2012

The Ninth Circuit Court of Appeals has just ruled that the video recordings of Perry v. Schwarzenegger, the trial in which Proposition 8 was found to be unconstitutional, were made under the premise that they would not be viewed publicly and thus are under seal.

In finding that the trial judge had not made a commitment to deny the public access to the recording, the district court abused its discretion: its finding was “without ‘support in inferences that may be drawn from the facts in the record.’” United States v. Hinkson, 585 F.3d 1247, 1262 (9th Cir. 2009) (en banc). The district court further abused its discretion by holding that the determinations made by the trial judge regarding the placement of the recording under seal did not bind a different judge presented with a motion to unseal—a conclusion that we regard as an “implausible” and “illogical” application of the law.

We will see whether Olson/Boies seeks to appeal.

Comments

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StraightGrandmother
February 2nd, 2012 | LINK

Oh well, it is only for 10 years.
See footnote on the bottom of page 13 (I think it is page 13, it is footnote 5)

http://www.ca9.uscourts.gov/datastore/opinions/2012/02/01/1117255.pdf

Hyhybt
February 2nd, 2012 | LINK

The real benefit would have been from having it available when the case was underway. Now it’s old news anyway, and probably not interesting enough that people would bother watching all that.

It *does* make sense, though, that if the recording was only allowed to be made under the promise that it would not be shown, that it can’t be shown. And since that came from the Supreme Court in the first place, how likely is it that they’d undo it now?

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