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Intriguing Sixth Circuit ruling on victim access to PSR

By Douglas A. Berman

A little opinion from the Sixth Circuit yesterday In re Siler, No. 08-5215 (6th Cir. July 13, 2009) (available here), should be reviewed by any and everyone interested in victims' right to access presentencing reports and/or in defendants' rights to keep PSR's private.  Here is how the interesting opinion gets started: This appeal arises in the context of the defendants? criminal trial, although the issue now before us is unrelated to the merits of the Government?s case against the defendants.  Petitioners Lester and Jenny Siler sought access to the defendants? Presentence Reports (PSRs).  The defendants were Campbell County law enforcement officers who violated Lester Siler?s constitutional rights while arresting him.  The defendants pled guilty to federal charges for their actions, and the Silers subsequently sued them for civil damages...continue to full post

Full post as published by Sentencing Law and Policy on July 14, 2009 (boomark / email).