In a criminal action, the erroneous exclusion of State’s evidence supports mandamus, because double jeopardy bars re-trial. The circuit court barred from evidence a recording of incriminating statements made during an attorney-client meeting. But, when defendant disclosed that recording to a third person, by delivery to a third person who stored it with a fourth person, defendant waived the privilege as to that communication. The State need not prove that defendant intended to waive the privilege, and there is no evidence that shows common intent with any recipient to prepare a joint defense. Supreme Court makes permanent its preliminary writ requiring circuit court to rescind its order of exclusion.
State ex rel. John Garrabrant, Prosecuting Attorney of Ozark County, Relator, vs. The Honorable Calvin Holden, Respondent.
(Overview Summary)
Supreme Court of Missouri – SC98875
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