Kevin Waggoner v. State of Tennessee et al.

Kevin Lee Waggoner (“Petitioner”) filed an action in the Chancery Court for Davidson County on April 30, 2021, pursuant to the Tennessee Public Records Act (the “Act”). Petitioner sought the audio recordings from his criminal trial held several years earlier in Union County. The trial court held that the clerk of the criminal court in which Petitioner’s trial was held was not required by statute to store the recordings as part of the clerk’s case records. The trial court also held that the audio recordings were exempt from disclosure under the Act pursuant to Tennessee Supreme Court Rule 34. We reverse the trial court’s decision as to both issues and remand for further proceedings.