State v. Webbe

Ellington, A.C.J.

In this unusual case, defense attorneys waived attorney-client privilege in competency proceedings, without their client’s consent. We hold that under the circumstances, this grievous error did not result in a breakdown in the adversarial process such that prejudice should be presumed. Webbe does not allege prejudice, nor do we discern any. We therefore affirm.

FACTS

In April, 2000, Deborah Funk was murdered in her apartment. She died as a result of deep stab wounds made by a kitchen knife, severing her carotid artery and spinal cord. Funk had also been raped. The same night,…