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STATE v. SALSBURY

No. 21645.

924 P.2d 208 (1996)

129 Idaho 307

STATE of Idaho, Plaintiff-Respondent, v. Michael SALSBURY, Defendant, and KMVT Broadcasting, a Division of Root Communications, Inc., Defendant-Appellant.

Supreme Court of Idaho. Twin Falls, November 1995 Term.

Rehearing Denied October 4, 1996.

Attorney(s) appearing for the Case

Benoit, Alexander, Sinclair, Harwood & High, Twin Falls, for appellant. Thomas B. High argued.

Alan G. Lance, Attorney General; Myrna A.I. Stahman and Michael S. Gilmore, Deputy Attorneys General, Boise, for respondent. Michael S. Gilmore argued.

SCHROEDER, Justice.

KMVT Broadcasting moved to quash a subpoena duces tecum issued to obtain videotape taken by a KMVT reporter at the scene of a fatal automobile accident. The prosecution sought the videotape for use in criminal prosecution of a newspaper reporter who was charged with resisting and obstructing a police officer. KMVT asserted a privilege under the First Amendment to the United States Constitution and article I, section 9 of the Idaho Constitution...

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