No. 23-6379

Terrence LaFaive v. Records Custodian, Waukesha County District Attorney

Lower Court: Wisconsin
Docketed: 2023-12-28
Status: Denied
Type: IFP
Response WaivedIFP
Tags: attorney-work-product civil-rights due-process first-amendment fourteenth-amendment plea-negotiations public-records standing
Key Terms:
FirstAmendment JusticiabilityDoctri
Latest Conference: 2024-02-16
Question Presented (from Petition)

1. Does the Common-Law exception recognized in State ex rel. Richards v. Foust
- that doesn't require a response from a Records Custodian to a public records request -
abridge the First and Fourteenth Amendment rights of a litigant?
A. Does Due Process require a Court to conduct an In Camera review of requested
records.
2. Does the Wisconsin Supreme Court's decision in State ex rel. Richards v. Foust
conflict with this Court's decision in Missouri v. Frye, that held formal plea offers and
negotiations must be made part of the record?
A. Does a prosecutor waive their qualified privilege derived from the attorney work-
product doctrine if both parties concede a final plea offer was made?

Question Presented (AI Summary)

Does the Common-Law exception recognized in State ex rel. Richards v. Foust abridge the First and Fourteenth Amendment rights of a litigant?

Docket Entries

2024-02-20
Petition DENIED.
2024-01-11
DISTRIBUTED for Conference of 2/16/2024.
2024-01-04
Waiver of right of respondent Records Custodian to respond filed.
2023-11-09
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due January 29, 2024)

Attorneys

Records Custodian
Clayton Patrick KawskiWisconsin Department of Justice , Respondent
Terrence Lafaive
Terrence T. LaFaive — Petitioner