State v. Yildirim
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The Supreme Court reversed the decision of the court of appeals denying B.H.'s petition for a writ of prohibition asking that the district court be prohibited from enforcing its written order stating that she was required to provide her cell phone to defense counsel, holding that the district court's order denying B.H.'s motion to quash was unauthorized by law and that the issuance of the writ was necessary to prevent irremediable harm to B.H.
After the State charged Defendant with third-degree criminal sexual conduct the district court granted Defendant's motion for a subpoena requiring B.H., the alleged victim of the sexual assault, to produce her cell phone to a computer forensic expert hired by Defendant. B.H. filed a motion to quash the subpoena. The district court denied the motion and ordered B.H. to produce her phone to defense counsel or Defendant's expert. B.H. filed a petition for a writ of prohibition, which the court of appeals denied. The Supreme Court reversed, holding that when it failed to analyze whether compliance with the subpoena was reasonable under the totality of the circumstances the district court committed an error of law for which no other adequate remedy exists and which would result in irremediable harm to B.H.
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