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IN RE SUBPOENA DUCES TECUM SERVED UPON ATTY. POTTS

No. 2002-0953.

100 Ohio St.3d 97 (2003)

2003-Ohio-5234

IN RE SUBPOENA DUCES TECUM SERVED UPON ATTORNEY POTTS.

Supreme Court of Ohio.

Decided October 15, 2003.

Attorney(s) appearing for the Case

Cooper & Walinski, Meredith L. Mercurio and John Czarnecki, for appellant.

Julia R. Bates, Lucas County Prosecuting Attorney, and Thomas A. Matuszak, Assistant Prosecuting Attorney, for appellee.

Jim Petro, Attorney General, Douglas R. Cole, State Solicitor, Elizabeth Luper Schuster and John W. Barron, Assistant State Solicitors, urging affirmance for amicus curiae Attorney General of Ohio.

Kevin Baxter, Erie County Prosecuting Attorney, and Mary Ann Barylski, Assistant Prosecuting Attorney, urging affirmance for amicus curiae Ohio Prosecuting Attorneys Association.

MOYER, C.J.

{¶ 1} Appellant, attorney John F. Potts, appeals from the judgment of the Lucas County Court of Appeals, which affirmed the trial court's order for an in-camera review of subpoenaed documents. For the following reasons, we (1) reverse the judgment of the court of appeals in part and hold that a trial court, in responding to a motion to quash a subpoena duces tecum seeking the production of documents before trial, must first conduct an...

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