Respondent sought emails between the Petitioner and his counsel pursuant to the crime-fraud exception found in Fla. Stat. § 90.502(4)(a) Respondent sought to demonstrate  that  Petitioner  perpetuated a fraud or obstructed justice when he testified in Respondent’s criminal case.  The Trial Court granted production of the emails after conducting an “in camera review.”

The Fourth DCA certiorari  by finding it was necessary for the Trial Court to conduct an evidentiary hearing to address the documents and privilege.

http://www.4dca.org/opinions/Oct.%202015/10-28-15/4D15-894.op.pdf

https://www.flsenate.gov/Laws/Statutes/2012/90.502

 

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