OPINIONS OF INDIVIDUAL JUSTICES
IN CHAMBERS
ASSOCIATED PRESS et al. v. DISTRICT COURT FOR THE FIFTH JUDICIAL DISTRICT OF COLORADO
ON APPLICATION FOR STAY
No. 04A73.
Decided July 26, 2004
An application to stay orders of a Colorado trial court and the Colorado Supreme Court restricting publication of transcripts of in camera pre-trial proceedings in a sexual assault prosecution held to determine the relevance and admissibility of certain evidence pursuant to Colorado's rape shield law is denied without prejudice to its being filed again subsequent to July 28, 2004. After applicants, newspaper publishers and media outlets, were mistakenly emailed the transcripts, the trial court prohibited their publication and required their deletion from the applicants' computers. The applicants challenged the order before the State Supreme Court, which agreed that it was a prior restraint on speech, but found that a more narrowly tailored order would pass constitutional muster. After this application was filed, the state trial court found some of the evidence admissible under the state statute, but has not determined whether the transcripts at issue should be made public. The trial court's determination as to the rape shield material's relevancy will significantly change the circumstances leading to this application. That court may decide to release the transcripts in their entirety or in part. Release may be imminent. Though the constitutional interests are important, a brief delay will permit the state courts to clarify, perhaps avoid, the controversy at issue.
Justice Breyer, Circuit Justice.
This is an application for a stay of orders of the Colorado State District Court for Eagle County and the Supreme Court of Colorado restricting publication of the contents of transcripts of in camera pretrial proceedings held in a criminal prosecution for sexual assault. The applicants are several major newspaper publishers and media outlets that have
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