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COA: lawyer-client privilege protects information

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A defendant's belief that his right to seek exculpatory evidence trumps the attorney-client privilege is incorrect, the Indiana Court of Appeals ruled today.

In Rusty R. Skinner v. State of Indiana, No. 55A01-0811-CR-543, Rusty Skinner sought to compel his prior attorney to provide information that would allegedly impeach witness Jason Wingler's testimony. Wingler was expected to testify that Skinner told him information that would be contrary to Skinner's self-defense claim. Skinner faced charges of attempted murder, robbery, carjacking, and operating a vehicle while intoxicated for attacking a man and taking his property and car.

Skinner's attorney previously had represented Wingler, so he knew of information materially adverse to Wingler. Skinner's attorney filed a motion to withdraw upon learning Wingler was called to testify, which the court granted.

Skinner, through his new attorney, filed a motion to compel his previous attorney to provide the alleged evidence that would impeach Wingler's credibility. The trial court denied the motion, and the Court of Appeals accepted Skinner's interlocutory appeal.

For information sought in a criminal case to be properly discoverable, the factors of particularity, relevance, and paramount interest in nondisclosure must be balanced. In this case, the paramount interest is the attorney-client privilege. Attorneys aren't required to testify regarding confidential communications made to them during the course of their professional business unless the testimony would meet one of the six exceptions under the Indiana Rules of Professional Conduct.

The information sought by Skinner doesn't fall under any of those exceptions, wrote Judge L. Mark Bailey. In addition, Skinner has access to other information that could help him impeach Wingler, such as Wingler's criminal history of crimes of dishonesty and that Wingler is asking for a guaranteed sentence modification in exchange for his testimony.

"Based on the relevance of the material, its availability from other sources, and the nature and importance of any interests invaded, we conclude that the information sought is not discoverable due to the protection provided by the attorney-client privilege," the judge wrote.

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  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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