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STATE v. HAWES

No. S-95-1165.

556 N.W.2d 634 (1996)

251 Neb. 305

STATE of Nebraska, Appellee, v. Donald HAWES, Appellee, and Robert G. Hays, Appellant.

Supreme Court of Nebraska.

December 13, 1996.

Attorney(s) appearing for the Case

John Wesley Hall, Jr., and Andrew Dean Strotman, Lincoln, for appellant.

Don Stenberg, Attorney General, and Jay C. Hinsley, Lincoln, for appellee State.

Michael D. Gooch, Deputy Lancaster County Public Defender, for amici curiae National Legal Aid and Defender Association, National Association of Criminal Defense Lawyers, and Nebraska Criminal Defense Attorneys Association.

Rodney J. Rehm, Lincoln, for amicus curiae Nebraska Association of Trial Attorneys.

WHITE, C.J., and CAPORALE, FAHRNBRUCH, LANPHIER, CONNOLLY, and GERRARD, JJ.

PER CURIAM.

Robert G. Hays, a Lancaster County deputy public defender and a witness in this proceeding, appeals his conviction for criminal contempt which resulted from his refusal to testify concerning information he claims as confidential and privileged regarding the defendant-appellee, Donald Hawes, a former client. For the reasons that follow, we reverse, and dismiss the contempt citation.

FACTUAL BACKGROUND

Hawes was charged with driving while...

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