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Demetrius Dewayne Ledbetterv.The State

CourtCourt of Appeals of Georgia
Docket No.A18A2090
DecidedMarch 5, 2019
JudgesCourt of Appeals of Georgia
Tags
CriminalCriminal ProcedureCivil RightsDue ProcessStatutory InterpretationAppellate ProcedureVacaturRemand
Case Summary

Demetrius Ledbetter sought restriction of records from a family-violence and simple-battery case that had been nolle prossed. The trial court denied the request, cancelled the scheduled hearing, and also denied his request to be produced from jail for that hearing after noting unrelated criminal matters. The Court of Appeals affirmed the ruling as to law-enforcement custodians but vacated and remanded as to the clerks of the Clayton County state and magistrate courts. The court held that the record-restriction statute requires a balancing of the petitioner’s privacy interest against the public interest in access when court records are at issue. The trial court had not applied that analysis or made the necessary factual findings. The appellate court also held that the unrelated felony and incarceration facts did not substitute for the statutory inquiry. The remaining custodians’ rulings were left intact, but the court clerks had to receive a new determination under the proper standard.

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Demetrius Dewayne Ledbetter V. The State — The Atlanta Gleaner