State ex rel. Adel v. Honorable Adleman
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In this criminal case concerning a defendant who asserted the attorney-client privilege the Supreme Court vacated the judgment of the trial court ruling that all of the defendant's communications with his mitigation specialist, Anna Nelson, and the defense team's paralegal, Nicole Erich, were confidential, privileged, and non-discoverable, holding that there was no error.
Defendant was in jail awaiting trial on charges of, among other things, first degree murder. Defendant used the jail's electronic tablets, including its text messaging capabilities, to communicate with members of the defense team. The State issued and served a criminal subpoena duces tecum on the jail requesting Defendant's texts to dispute his claimed intellectual disability. The State filed a motion to determine non-privileged status of communications with the trial court, arguing that Defendant's texts with the defense team were not privileged. The court ruled in favor of Defendant. The Supreme Court vacated the trial court's ruling, holding the remand was required pursuant to Clements v. Bernini ex rel. County of Pima, 249 Ariz. 434 (2020), and the reasoning in this opinion.
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