State Missouri Ex Rel. Marvin L. Chaney V‪.‬

Relator, Marvin L. Chaney (Defendant), is charged with first degree murder and kidnapping. Jess W. Rush (Rush) was also charged with the same crimes. Timothy McQueen gave a sworn statement to the Camden County Prosecutor (Prosecutor) and later testified for the State at the joint preliminary hearing for Defendant and Rush. When he was called to testify at Rush's trial, McQueen refused to testify, but did not specifically invoke the Fifth Amendment. 1 Defendant's public defender later sought McQueen's deposition. McQueen appeared at the deposition with another public defender (Batek), invoked his Fifth Amendment privilege, and refused to testify. The State then issued subpoenas for the purpose of deposing Defendant's counsel (Berrigan), Batek, and Barbara Hoppe (Hoppe), an attorney with the public defender's office whose responsibilities included assigning Batek to represent Defendant. Defendant's counsel filed a motion to quash the subpoenas alleging, among other things, that they were unreasonable and oppressive; that the ""attorney-client privilege and the work-product privilege"" applied to the testimony of Batek and Berrigan; 2 that none of the depositions were calculated to lead to the discovery of admissible evidence; and that neither Hoppe nor Batek had any connection with Defendant's case except through McQueen. The trial court overruled that motion.