State ex rel. Garrabrant v. Honorable Holden
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The Supreme Court made permanent a preliminary writ of mandamus previously issued by this Court directing the circuit court to vacate its order excluding a digital recording from use at trial for various charges relating to the death of Rebecca Ruud's minor daughter, holding that the circuit court erred.
A grand jury returned an indictment against Ruud and her then-husband charging them with first-degree murder, felony abuse or neglect of a child resulting in death, and other crimes. The digital recording at issue was between Ruud and her lawyer's staff and yielded incriminating evidence. The circuit court excluded the digital recording from being admitted at trial, concluding that the attorney-client privilege protected the content of the digital recording. The Supreme Court granted the State mandamus relief, holding that the circuit court abused its discretion in finding that the recording was privileged.
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