Mercer v. S.D. Attorney General Office
Annotate this CasePro se appellant Robert Mercer submitted a request to the South Dakota Attorney General’s Office under S.D. Codified Laws 1-27-37 seeking the release of the Division of Criminal Investigation’s (DCI) records related to the investigation of Richard Benda’s death. Mercer conceded that S.D. Codified Laws 1-27-1.5(5) precluded public release of the documents but requested the death investigation records because Benda was a public figure and because news reports “raised questions about the death.” The Attorney General’s Office stated that it would make the death investigation records available if certain conditions were met. Because Mercer was unable to fulfill the conditions, the Attorney General’s Office denied Mercer’s request for disclosure. The office of Hearing Examiners (OHE) upheld the Attorney General’s office’s denial of Mercer’s request. The circuit court affirmed. The Supreme Court affirmed, holding that “the public’s significant and legitimate interest” did not warrant access to the death investigation records because Benda’s death investigation records were exempt from disclosure under section 1-27-1.5(5).
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