United States Court of Appeals for the Ninth Circuit
770 F.2d 1469 (9th Cir. 1985)
John Wesley Clutchette (defendant) was charged with murder. Clutchette told his attorney where to find certain receipts from a car upholstery shop that were vital to the prosecution’s case. His attorney, who had hired Clutchette’s wife as an investigator, sent the wife to pick up the receipts. Clutchette’s wife picked up the receipts, but turned them over to the police. At trial, Clutchette objected to the introduction of all communications about the receipts, as well as the introduction of the receipts themselves. The trial court excluded all communications regarding the receipts based on the attorney-client privilege, but admitted the receipts themselves into evidence. Clutchette was convicted. He appealed.
Rule of Law
Holding and Reasoning (Sneed, J.)
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