Evidence-Wellborn SU2006 Outline

Procedural posture in his testimony before the grand

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Unformatted text preview: is subject to search). Lawyer sends Clutchette's wife to the apartment, to take the receipts (obstruction of justice to remove incriminating evidence), and bring them to the lawyer. Mrs. Clutchette later calls the police and gave the receipts over to the police (traitor haha). They go to the upholstery shop, and the bloody seats are still there. Procedural Posture: Clutchette convicted of murder in California state court File habeas..sixth amendment violation: "California state courts deprived me of my attorney-client privilege in a substantial way" Issue: Because Clutchette's wife was serving as a "representative" of the lawyer, were the receipts she was told to retrieve, as a representative, protected by the lawyer-client privilege? Holding: No violation here the receipts themselves weren't privileged. If all that had happened here was that Clutchette told the lawyer about the receipts, that information is privileged. But the actual receipt themselves are not privil...
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