January 07, 2015, 11:20
Lori J. KasparCore Work Product & case declined
I've filed a motion to quash the subpoena for "attorney correspondence" related to a case I declined.
The defense attorney is trying to argue that my correspondence is not "in anticipation of litigation" if it consists of my reasons for declining a case.
I can't find anything directly on point. Here are the cases I'm using so far:
Hankins v. State
In re Bexas County Criminal District Attorney
Ladd v. State
Pope v. State
State ex rel Curry v Walker
Whitaker v State
Woodruff v State
As always, your input is valued!
January 07, 2015, 14:59
Martin PetersonUnder what provision was the application for subpoena requested/issued? If there was no pending criminal case/action/proceeding, then arts. 24.01 or 24.03, CCP do not apply.
January 07, 2015, 15:23
Lori J. KasparThe subpoena was issued in another case where the defendant was allegedly the victim.
Both were out of the same incident. The defendant made a walk-in report of assault against the victim after bonding out of jail.
I rejected the defendant's assault claim and filed the victim's.
January 08, 2015, 16:48
Martin PetersonAnother common ground for quashing a subpoena duces tecum is stated in Luvano v. State, 183 S.W.3d 918, 924-25 (Tex. App. 2006).