People v. Loyd

Opinion

BROWN, J.

In this case we consider whether secretly monitoring and recording an inmate’s unprivileged jail conversations with her visitors, solely for the purpose of gathering evidence, constituted prosecutorial misconduct by violating De Lancie v. Superior Court (1982) 31 Cal.3d 865 [183 Cal.Rptr. 866, 647 P.2d 142] (De Lancie). Because we decide De Lancie had been superseded by statute at the time of the taping, we find the prosecutor’s request for and use of the tape did not constitute misconduct under state law.

I. Factual and Procedural Background

Christine Loyd was convicted by jury…