In re Affidavit of Probable Cause (Oblak, Appellant)

Jacob Oblak petitioned the superior court for access to an affidavit of probable cause filed in a criminal case and was denied. He appeals to the Vermont Supreme Court, arguing Vermont Rule of Public Access to Court Records 6(b)(24), which excludes from public access records filed in a criminal proceeding when no probable cause has been found, was not intended “to transform traditionally public documents [including affidavits of probable cause] into secret ones.” He further argued the lower court’s interpretation of Rule 6(b)(24) violated the First Amendment. Because the Supreme Court found the lower court should have considered his petition in light of the “Exceptions” provisions of Rule 7, it reversed and remanded. View "In re Affidavit of Probable Cause (Oblak, Appellant)" on Justia Law