|Office of the Attorney General - State of Texas
November 5, 1999
Ms. Erica Britt
Dear Ms. Britt:
You ask whether certain information is subject to required public disclosure under chapter 552 of the Government Code. Your request was assigned ID# 130403.
The Dallas County District Attorney's Office (the "D.A.") received a request for information pertaining to several specified cause numbers involving Ricky Morrow and Linda Ferguson.(1) You advise that the requestor "made an identical request back on August 10, 1998," which this office ruled upon in Open Records Letter No. 98-2740 (1998). Open Records Letter No. 98-2740 ruled that the D.A. may withhold the information involving Linda Ferguson under sections 552.103 and 552.108 of the Government Code. In addition, we note that the information involving Ricky Morrow was the subject of Open Records Letter No. 98-0704 (1998), which held that the information is excepted under section 552.103. You further advise that the litigation on which Open Records Letter Nos. 98-0704 and 98-2704 was based is still pending and that the information responsive to the request has not changed. Based on your representations, we conclude that you may withhold information responsive to the instant request in accordance with Open Records Letter Nos. 98-0704 and 98-2704.
We are resolving this matter with an informal letter ruling rather than with a published open records decision. This ruling is limited to the particular records at issue under the facts presented to us in this request and should not be relied on as a previous determination regarding any other records. If you have any questions regarding this ruling, please contact our office.
Ref.: ID# 130403
cc: Mr. Randy Schaffer
1. The requestor asserts that the D.A. waived any exceptions to withhold the requested information because the D.A. "disclosed them to Mr. Morrow's trial counsel before or during trial." However, we note that the D.A.'s office indicates that he does not wish to withhold information that has previously been disclosed to trial counsel. An Assistant District Attorney states, "I certify that, to my knowledge, our office has never waived confidentiality to anything in the State's files in these cause numbers not previously disclosed to Mr. Schaffer, during discovery or trial of these cases."
POST OFFICE BOX 12548, AUSTIN, TEXAS 78711-2548 TEL: (512) 463-2100 WEB: WWW.OAG.STATE.TX.US