STATE EX REL COSEY v. HOOPER (2021)

Stay denied; Writ granted in part; See per curium

Writ granted, in part. Stay denied. The State argues it is entitled by law to discover certain memoranda, notes, and other relevant information pursuant to its “Motion to Compel Petitioner's Defense Investigator Memoranda and Notes Regarding Interviews with Witnesses for Whom Petitioner Submitted Curated Declarations and to Compel Other Relevant Information Pertaining to Defense Investigations,” and thus, the trial court erred in denying its motion. Petitioner, Frank Ford Cosey, argues the memoranda, notes, and other relevant information sought to be discovered by the State is privileged work-product. The State contends that even if it is not allowed to review and use the requested discovery at the hearing before the trial court, Petitioner should still be ordered to produce such so that it may be properly preserved for later appellate review. To ensure the record is complete and adequate for later review, Petitioner, Frank Ford Cosey, is ordered to produce the requested memoranda, notes, and other relevant information; however, the production shall be under seal, to be maintained solely for the purpose of later appellate review, and shall be produced to the trial court under seal within forty-eight (48) hours of notice of this Order. With regard to any other arguments or request filed by the State, we deny writ.