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O'CONNELL v. COWAN

No. 2009-SC-000596-MR.

332 S.W.3d 34 (2010)

Michael J. O'CONNELL, in his official capacity as Jefferson County Attorney and Shelley Santry, in her official capacity as an Assistant Jefferson County Attorney, Appellants, v. Hon. Frederic J. COWAN, in his official capacity as Judge of the Jefferson Circuit Court, Division 13, Appellee. and Bruce Alan Brightwell; The City of Jeffersontown, Kentucky; and Detective Roscoe Scott, Real Parties in Interest.

Supreme Court of Kentucky.

As Modified on Grant of Rehearing December 16, 2010.

Attorney(s) appearing for the Case

David A. Sexton , Assistant Jefferson County Attorney, Louisville, KY, Counsel for Appellants.

Frederic J. Cowan , Jefferson Circuit Court, Louisville, KY, Counsel for Appellee, Hon. Frederic J. Cowan, in his official capacity as Judge of the Jefferson Circuit Court, Division 13.

Bruce Alan Brightwell , New Albany, IN, Counsel for Real Party in Interest, Bruce Alan Brightwell.

Christopher Mills Mayer , Louisville, KY, Counsel for Real Parties in Interest, City of Jeffersontown, Kentucky and Detective Roscoe Scott.

MEMORANDUM OPINION OF THE COURT

This is an appeal from an opinion and order of the Court of Appeals denying a petition for a writ to prohibit the trial court from enforcing its order requiring a former prosecutor to turn over her litigation file and to be deposed by a former defendant she prosecuted in district court. Because the trial court did not evaluate the request for discovery of the prosecutor's opinion work product under the heightened compelling need standard...

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