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STATE v. WILSON

No. 24578.

745 N.W.2d 666 (2008)

2008 SD 13

STATE of South Dakota, Plaintiff and Appellant, v. Chad John WILSON and John James Midmore, Defendants and Appellees.

Supreme Court of South Dakota.

Decided February 13, 2008.

Attorney(s) appearing for the Case

Lawrence E. Long, Attorney General, Craig M. Eichstadt, Deputy Attorney General, Pierre, South Dakota, Tracy L. Kelley, Custer County State's Attorney, Custer, South Dakota, Michael R. Moore, Jeffrey M. Banks, Special Custer County Deputy State's Attorneys, Huron, South Dakota, Attorneys for appellant.

Robert Van Norman of Nooney Solay & Van Norman, Rapid City, South Dakota, Attorneys for appellees.

ZINTER, Justice

[¶ 1.] This is an intermediate appeal from circuit court discovery proceedings in a crithinal case. The circuit court was presented with the procedural question of how to protect work product and theories of the defense in contested proceedings involving defense requests for scientific testing of physical evidence. In some of the proceedings, the circuit court considered ex parte motions, briefs and affidavits. On occasion, the circuit...

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