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IN RE BEXAR CTY CRIMINAL DIST. ATTYS OFFICE

No. 05-0613.

224 S.W.3d 182 (2007)

IN RE BEXAR COUNTY CRIMINAL DISTRICT ATTORNEY'S OFFICE, Relator.

Supreme Court of Texas.

Decided May 4, 2007.

Rehearing Denied June 29, 2007.

Attorney(s) appearing for the Case

Susan Dolan Reed, Criminal District Attorney, Clarkson F. Brown, Assistant Criminal District Attorney, Thomas W. Gendry, Claudia Damy Brown, Gendry & Spargue, P.C., San Antonio, for Relator.

Robert W. Wilson, Mark A. Sanchez, Christopher John Gale, Law Offices of Gale, Wilson & Sañchez, P.L.L.C., San Antonio, for Real Party In Interest.

Justice WILLETT delivered the opinion of the Court, in which Justice HECHT, Justice O'NEILL, Justice WAINWRIGHT, and Justice BRISTER joined.

This case presents an issue of first impression: whether the work-product privilege protects prosecutors from testifying in a malicious prosecution suit when they have already released the prosecution file. Relator Bexar County Criminal District Attorney's Office ("DA" or "DA's Office") provided its prosecution file to real party...

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