Commonwealth v. Upshur; Appeal of: WPXI, Inc. (Dissenting Opinion)

Annotate this Case

Download PDF

[J-60-2007] IN THE SUPREME COURT OF PENNSYLVANIA WESTERN DISTRICT COMMONWEALTH OF PENNSYLVANIA, : : : v. : : : JAMIE LYNN UPSHUR : : : : APPEAL OF: WPXI, INC. : No. 2 WAP 2006 Appeal from the Order of the Superior Court entered August 22, 2005 at No. 373 WDA 2004, reversing the Order of the Court of Common Pleas of Allegheny County entered March 2, 2004 at No. MISC 410 March 2004. ARGUED: September 11, 2006 DISSENTING OPINION JUSTICE FITZGERALD DECIDED: JUNE 20, 2007 I respectfully dissent. I believe that providing the media with copies of evidence for public dissemination during trial court proceedings can severely undermine the integrity of a criminal trial. I would affirm the Superior Court s holding reversing the trial court s order in this case, especially because the audiotape was never entered into evidence or otherwise filed with the court and made part of the record, despite the fact that it was played during the preliminary hearing. See Commonwealth v. Upshur, 882 A.2d 499, 503 (Pa.Super.2005). Although I do not oppose release of a transcript of the tape, I do not view the tape itself as a public judicial record subject to public access under the circumstances.

Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.