Barber v. Municipal Court

Opinion

BIRD, C. J.

— This court must decide what is the proper remedy for an accused when his constitutional right to counsel has been denied by the actions of an undercover police officer who poses as a codefendant and attends the confidential attorney-client conferences of the accused.

I

On August 7, 1977, approximately 50 people, including all of the petitioners, participated in a “sit-in” near the site of the Pacific Gas and Electric Company’s (hereafter, P.G. & E.) Diablo Canyon nuclear facility to demonstrate their opposition to the use of nuclear power to generate energy. The petitioners…