State v. Breazeale

Rees, J.:

Defendant appeals from his conviction by a jury for aggravated failure to appear (K.S.A. 21-3814).

This case concerns the scope of the lawyer-client privilege (K.S.A. 60-426). We are to decide whether the trial judge properly permitted defendant’s former lawyer to testify that he had communicated to defendant that defendant was to appear in court on March 8, 1984.

Defendant’s former lawyer had represented defendant at an earlier multi-week trial on felony charges. Jury trial began on January 30, 1984. Defendant was free on appearance bonds during the trial and while the jury…