Daniel v. Neuschmid

Background

Dominic Tyrell Daniel filed a petition under 28 U.S.C. § 2254, a federal procedure for challenging state custody. The court had previously ordered Robert Neuschmid to explain why the petition should not be granted based on Daniel’s claims. Neuschmid filed an answer and asked to submit the Alameda County Probation Officer’s Report under seal as Exhibit 14. The report consists of pages 365 through 398 of the state-court appellate clerk’s transcript.

Sealing request

Neuschmid argued that California court rules require personal information in a probation report to remain confidential. The court noted the general presumption that court records should be publicly accessible, but said that presumption may be overcome by a compelling reason. It found that probation reports are intended to contain highly personal information about a defendant, including arrest records and family, employment, military, medical, and psychological histories. The court concluded that this information could be used improperly and that there was a compelling need for the report to remain confidential.

Ruling

Judge Haywood S. Gilliam, Jr. granted Neuschmid’s motion to file Exhibit 14 under seal. The exhibit must remain sealed until the conclusion of the case and any appellate proceedings. If respondent’s counsel does not request its return after that time, the documents will be destroyed under the federal courts’ normal records-destruction policy. The order terminated docket entry 13 and did not resolve the underlying habeas petition.