Commonwealth v. Fenstermaker

NIX, Chief Justice,

concurring.

I can agree with the rule finally announced by the majority which treats the affidavit supporting warrants of arrest that have been executed as being deemed public and thus accessible to media unless a court order is obtained requiring it to be sealed. I cannot join the opinion however because of my disagreement with some of the analysis employed to reach the result, particularly the unnecessary and unfortunate reliance upon Commonwealth v. Contakos, 499 Pa. 340, 453 A.2d 578 (1982), a plurality opinion, which in my judgment was wrongly decided. See Commonwealth v. Contakos, supra, 499 Pa. at 353-357, 453 A.2d at 584-586 (Nix, J., dissenting, joined by Hutchinson, J.).

HUTCHINSON, J., joins in this concurring opinion.