You are an appellate judge and must decide whether to set aside a conviction of a woman who murdered an infant. The defense alleges that the sheriff violated attorney–client privilege by obtaining a warrant to seize a map drawn by the convicted woman showing where the baby was buried.
She drew the map for her lawyer, and, as such, legal experts contend it should be protected under the attorney–client privilege.
The trial judge granted the warrant because of testimony by the sheriff and his deputies that they believed the baby might still be alive and they needed the map to find him, but evidence presented to you indicates that all the law enforcement officials involved believed that the baby was dead and wanted the map only to help convict the offender.
There is overwhelming evidence of guilt, and a new trial would subject the parents to continued reminders of their loss.
What would you do?
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