Supreme Court of Connecticut
State v. Kosuda-Bigazzi
October 20, 2020
Summary
The concurrence agrees that the defendant failed to establish attorney-client privilege over documents in two seized files for purposes of determining whether the criminal charges should be dismissed. It emphasizes that the privilege ruling was limited to the record and purpose of the pretrial hearing and does not necessarily bar the defendant from renewing the privilege claim if the prosecution later seeks to use the documents affirmatively at trial. Justice McDonald, concurring, stresses that the evidentiary issue at trial could differ from the pretrial dismissal issue.