Brief filed by the State seeking to have the court deny the Estate’s request to exclude Dr. Sheppard’s diary as evidence. The Estate requested that the diary be excluded as privileged and/or work product. The State argued that: there was no evidence Sheppard’s diary was created at the request of his attorney, the diary has been in the public realm for years, and F. Lee Bailey (Sheppard’s 1966 attorney) testified that he could recall no subject relative to the murder to which attorney-client privilege applied
