State v. Lenarz
Annotate this CaseDefendant Patrick Lenarz was charged with risk of injury to a child and sexual assault in the fourth degree. Before trial, the prosecutor came into possession of and read certain written materials belonging to Defendant that contained trial strategy and were subject to the attorney-client privilege. Upon learning this fact, Defendant filed a motion to dismiss the charges against him. The trial court denied the motion. After a trial, the trial court convicted Defendant of one count of risk of injury to a child. Defendant appealed, claiming that the trial court improperly denied his motion to dismiss. The Supreme Court reversed, holding that because the case was irreversibly tainted by the prosecutor's intrusion into the privileged communications, the only available appropriate remedy was dismissal of the charge of which he was convicted. The Court concluded that when a prosecutor has intruded into privileged communications containing a defendant's trial strategy and the state has failed to rebut the presumption of prejudice, the court, sua sponte, must immediately provide appropriate relief to prevent prejudice to the defendant. Remanded.
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