Shillinger v. Haworth

HENRY, Circuit Judge.

In this case we must determine the appropriate Sixth Amendment standards governing an intrusion by the prosecution into the defendant’s communications with his attorney. The district court held that the defendant’s Sixth Amendment rights were violated by the prosecutor’s intrusion into the defendant’s trial preparation sessions and accordingly granted his petition for habeas relief. We agree that under the facts found by the Wyoming courts the defendant’s Sixth Amendment rights were violated, but we remand the case for an evidentiary hearing to determine the appropriate…