Pettit v. Neb. Dept. of Corr. Servs.
Annotate this CaseJohn Joubert murdered two children in 1983. Mark Pettit was in the process of writing a book about Joubert when he attempted to gain access to two graphic drawings that Joubert had created while Joubert was on death row. The drawing had been confiscated as contraband by authorities with the Nebraska Department of Correctional Services (DCS). The prison warden refused to release the drawings to Pettit, and Joubert was subsequently executed. In 2013, as the thirtieth anniversary of Joubert’s crimes approached, Pettit requested access to the drawings for inspection and reproduction. DCS refused the request, stating that the drawings had been placed in Joubert’s institutional file and were not subject to further disclosure by DCS. The district court ordered DCS to permit Pettit to inspect, examine, and reproduce the confiscated drawings, concluding that Pettit had showed good cause for inspection and reproduction of the drawings. The Supreme Court reversed, holding that Pettit failed to demonstrate a legally sufficient reason for inspection of the drawings.
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