SUBPOENA DUCES TECUM IN CRIMINAL CASE
Counselors:
In City of Norman v. Brockman, the Oklahoma Division of the Court of Appeals held that a criminal defendant could not issue a subpoena duces tecum to a municipality to obtain court records. Instead, the criminal defendant had to follow the rules of criminal procedure. I am being told by a defense attorney that there is a decision in Tulsa in a case styled City of Tulsa v. Mussman that reached the opposite conclusion as the Brockman court, holding that a criminal defendant could issue a subpoena duces tecum to a municipality for law enforcement records. Does anyone have a copy of the City of Tulsa decision they would share?
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments. If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
The Musseman order is attached to Jeff's brief filed in Brockman. It's part
of the Appendix in the appellate record. It's just a couple of paragraphs
-- no explanation.
https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=PR-
2018-1282&cmid=125510
-----Original Message-----
From: Jon Miller JMiller@cityofmustang.org
Sent: Thursday, August 11, 2022 10:46 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] SUBPOENA DUCES TECUM IN CRIMINAL CASE
Counselors:
In City of Norman v. Brockman, the Oklahoma Division of the Court of Appeals
held that a criminal defendant could not issue a subpoena duces tecum to a
municipality to obtain court records. Instead, the criminal defendant had
to follow the rules of criminal procedure. I am being told by a defense
attorney that there is a decision in Tulsa in a case styled City of Tulsa v.
Mussman that reached the opposite conclusion as the Brockman court, holding
that a criminal defendant could issue a subpoena duces tecum to a
municipality for law enforcement records. Does anyone have a copy of the
City of Tulsa decision they would share?
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is
privileged or confidential. If you received this email in error, please
notify the sender by reply email and delete the email and any attachments.
If you are a and officer, employee or agent of the City of Mustang, you
should not share this email with others. Sharing this email may result in a
loss of the attorney-client privilege.
See attached.
Rickey J. Knighton II | Assistant City Attorney | City of Norman
201 West Gray | P.O. Box 370 | Norman, Oklahoma 73070
405.217.7700 | 405.366.5425 | 5 rick.knighton@normanok.gov | www.normanok.gov
This e-mail is the property of the City Attorney’s office, City of Norman, Oklahoma, and the information contained in this e-mail is protected by the attorney-client and/or the attorney work product privilege. It is intended only for the use of the individual named above and the privileges are not waived by virtue of this having been sent by e-mail. If the person actually receiving this message or any other reader of the message is not the named recipient or the employee or agent responsible to deliver it to the named recipient, any use, dissemination, distribution, or copying of the communication is strictly prohibited. If you have received this e-mail in error, please immediately notify us and return the original message.
-----Original Message-----
From: Kim@spadylaw.com Kim@spadylaw.com
Sent: Thursday, August 11, 2022 11:30 AM
To: 'oama' oama@lists.imla.org; 'Jon Miller' JMiller@cityofmustang.org
Subject: EXTERNAL EMAIL : [Oama] Re: SUBPOENA DUCES TECUM IN CRIMINAL CASE
The Musseman order is attached to Jeff's brief filed in Brockman. It's part of the Appendix in the appellate record. It's just a couple of paragraphs
-- no explanation.
https://www.oscn.net/dockets/GetCaseInformation.aspx?db=appellate&number=PR-
2018-1282&cmid=125510
-----Original Message-----
From: Jon Miller JMiller@cityofmustang.org
Sent: Thursday, August 11, 2022 10:46 AM
To: oama (oama@lists.imla.org) oama@lists.imla.org
Subject: [Oama] SUBPOENA DUCES TECUM IN CRIMINAL CASE
Counselors:
In City of Norman v. Brockman, the Oklahoma Division of the Court of Appeals held that a criminal defendant could not issue a subpoena duces tecum to a municipality to obtain court records. Instead, the criminal defendant had to follow the rules of criminal procedure. I am being told by a defense attorney that there is a decision in Tulsa in a case styled City of Tulsa v.
Mussman that reached the opposite conclusion as the Brockman court, holding that a criminal defendant could issue a subpoena duces tecum to a municipality for law enforcement records. Does anyone have a copy of the City of Tulsa decision they would share?
Jonathan E. Miller
City Attorney
City of Mustang
1501 N. Mustang Road
Mustang, Oklahoma 73064
Telephone: (405) 376-7746
Facsimile: (405) 376-7721
This email is sent by the City Attorney and may contain information that is privileged or confidential. If you received this email in error, please notify the sender by reply email and delete the email and any attachments.
If you are a and officer, employee or agent of the City of Mustang, you should not share this email with others. Sharing this email may result in a loss of the attorney-client privilege.
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