Warren County attorney Amy Milliken is asking circuit court Judge John Grise to overrule district Judge Brent Potter's decision. Milliken is prosecuting Phillip Howard Degnan for DUI, leaving the scene of an accident, and resisting arrest
Degnan's attorney, Steve Thornton, asked Judge Potter to order Milliken to release Trooper Cory Buckner's e-mail to her about the case. Potter ordered Milliken to do that, but she contends the rules of criminal law do not require her to.
It now appears circuit Judge John Grise will decide if Milliken must hand Trooper Buckner's e-mail over to the defense.