Legal Opinion

Morrow v. Superior Court

California Court of Appeal

Decided December 9, 1994No. B085297PublishedCited by 22 opinions

1Opinion of the Court

Opinion

YEGAN, J

It has been said, and it is doubtless true, that the “. . . courtroom is a temple of justice.” (Featherstone v. United States (5th Cir. 1974) 491 F.2d 96, 97, fn. 1.) A prosecutor may not use the courtroom as a place to intentionally and surreptitiously listen to, i.e., eavesdrop upon, a defendant’s conversation with his attorney. Indeed, eavesdropping on an attorney-client conversation is inappropriate anywhere and cannot be tolerated.

“[T]he prosecutor is not only the defendant’s adversary, but is also the ‘. . . guardian of the defendant’s constitutional rights. . . .’…

2Cases cited26 opinions

  1. Berger v. United StatesSupreme Court of the United States · 1935
  2. Rochin v. CaliforniaSupreme Court of the United States · 1952
  3. Nix v. WilliamsSupreme Court of the United States · 1984
  4. Olmstead v. United StatesSupreme Court of the United States · 1928
  5. Berger v. New YorkSupreme Court of the United States · 1967

21 more not listed; retrieve them via the Exa API.

3Cited by22 opinions

  1. People v. AlexanderCalifornia Supreme Court · 2010
  2. People v. WallaceCalifornia Supreme Court · 2008
  3. People v. GuillenCalifornia Court of Appeal · 2014
  4. People v. SuarezCalifornia Supreme Court · 2020
  5. People v. UribeCalifornia Court of Appeal · 2011

17 more not listed; retrieve them via the Exa API.

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