PRESS-ENTERPRISE CO. V. SUPERIOR COURT 478 U.S. 1 (1986) CASE BRIEF

PRESS-ENTERPRISE CO. V. SUPERIOR COURT
478 U.S. 1 (1986)
NATURE OF THE CASE: This is a review of the refusal to release transcripts of a closed preliminary hearing.
FACTS: Diaz, a nurse, was charged with 12 counts of murder. A preliminary hearing was held, and Diaz moved to exclude the public from the proceedings. This motion was unopposed, and the Magistrate granted the motion. Press Enterprise Co. (P) asked that the transcript of the proceedings be released. The Magistrate refused and sealed the record. His reasoning was that there was a substantial likelihood that the publicity would prejudice Diaz' right to a fair trial. The court of appeal and the state supreme court affirmed. The United States Supreme Court granted review.

ISSUE:


RULE OF LAW:


HOLDING AND DECISION:


LEGAL ANALYSIS:





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