Supreme Court of Missouri / Nov 9, 2021
State ex rel. John Garrabrant, Prosecuting Attorney of Ozark County, Relator, vs. The Honorable Calvin Holden, Respondent.
Rebecca Ruud, indicted for her daughter's death, recorded a conversation with her legal team. The circuit court excluded this digital recording from trial, finding it protected by attorney-client privilege. The State sought a writ of mandamus, arguing the privilege was waived. The Supreme Court of Missouri made its preliminary writ of mandamus permanent, holding that while the recording was initially privileged, Ruud waived the privilege by voluntarily disclosing it to a third party.