May 16, 2018. 

’s attorneys’ reply to the State’s objection to sealing opening briefs.
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Under the first section of their reply, labeled FACTS:
They acknowledge that opening briefs qualify as public records that must be disclosed, but argue that “this is not an average case.”
Next, they cite a COA Administrative Order (2013-2), which states:
“A record on appeal transferred to the COA as filed under seal shall remain closed to the public while the appeal is pending.”
They further quote from the Order, “
documents will be filed under seal only of the Court has granted a separate motion requesting that the document be sealed.”
(
This Order is entirely relevant, but they've omitted a crucial section, and in doing so have either ignored, inaccurately stated, or not understood the definition of DOCUMENTS. More on this later.)
And so begins their circular logic. They say they filed their motion to seal “taking this Order into account, given the fact that this appellate record has been sealed for three years.”
They list each COA order related to sealing. Of particular note (more on this later):
1. A COA court order that “new transcripts to be filed would remain sealed if ANY portion of the proceeding was sealed.”
2. That in March 2018, the COA allowed her attorneys’ Motion to Supplement be filed under seal, and in April 2018, for that supplement to also be filed under seal.
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So much for their “factual” presentation. Next, under “ DISCUSSION” (of their factual argument):
1. The COA has consistently enforced the sealed status of the records.
2. JSS outlined her reasons for sealing the record, in a sealed minute (of course) dated Nov 13, 2013.
3. JSS ordered the electronic record be sealed while the trial (PP2) was ongoing.
4. “In addition, the information submitted under seal on April 2018 provides further reason to keep the record sealed, including the opening brief.”
5.” The Court must consider the absurd level of interest that this case inspires in the public.”
The State “hopefully asserts” that circumstances change, (but) circumstances have not changed enough for this Court to unseal the record.”
Bullet points are provided as “examples” of that absurd interest: national & local media contacting them for status of appeals; interested parties “routinely” requesting the



’s commissary purchases and visitor lists, then posting on the internet; and an “inordinate amount of attention and energy is given by the media to routine motions relating to her appeal.
Their final bullet point- “
These circumstances are a continuation of the events that led to the sealing of the record in the first place.”
Their conclusion, (paraphrased) : filing opening briefs under seal is warranted. Because we have the burden of demonstrating that sealing is appropriate, we will make ourselves available “to present further details in a forum where sealed information may be addressed freely.”