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| W. Va. high court curbs inmates' use of open-records law |
| By Associated Press |
| Published: 11/14/2003 |
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Prison inmates cannot file Freedom of Information Act requests to gather information for lawsuits alleging their constitutional rights have been violated, the West Virginia Supreme Court ruled this week. Inmates must instead follow the court rules that govern such civil filings, the justices said in a 4-1 decision Nov. 10. The ruling arises from the consolidated petitions of Roger Wyant, serving a life-without-parole sentence for a Jackson County murder, and Lorenzo D. Valentine, convicted of voluntary manslaughter in Mercer County and serving 15 years. The Supreme Court affirmed both men's convictions in previous rulings. Wyant filed a FOIA request in May 2002 to prepare for a habeas corpus petition challenging his case on constitutional grounds. Valentine filed his the same month, seeking information about a codefendant's case for his own petition. Circuit judges in both instances blocked the FOIAs. The majority opinion concluded that the rules governing habeas corpus "prevent abuses and unnecessary burdens on the court system" while protecting the rights of inmates who often proceed without the help of lawyers. "To allow inmates to use the FOIA to obtain records from circuit courts prior to filing their petitions for habeas corpus and initiating the procedure so carefully set out in the habeas corpus rules would upset this balance," the ruling said. Justice Robin Davis wrote the opinion. Justice Joseph Albright partly disagreed with the ruling and may file a separate opinion. |
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