State v. Today's Bookstore, Inc.

Fain, Judge.

The city of Dayton appeals, pursuant to leave of court, from an order dismissing with prejudice the cases against William Nichols and Today’s Bookstore, Inc. (referred to collectively as “Nichols”) for pandering obscenity. The trial court ruled that (1) a confidential memorandum from the chief prosecutor for the city of Dayton that had been “leaked” to a local television station, WDTN, contained Brady material that must be disclosed to the defense, because, upon its disclosure to the press, it had lost whatever claim of attorney-client privilege it might have had; (2) the…