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State v. Macumber

Arizona Supreme Court

544 P.2d 1084 (1976)

Facts

Wayne Macumber was charged with two counts of first-degree murder. Two attorneys learned that Macumber had been charged with murders that their former client, who had since died, claimed to have committed. The attorneys received an informal opinion from the state bar ethics committee advising that the attorney-client privilege did not prevent them from disclosing the information to the defense, prosecution, and court. The attorneys were willing to testify at Macumber’s trial that their former client had confessed to the murders. The court ruled that the confession was protected from disclosure by the attorney-client privilege and refused to allow the lawyers to testify. Macumber was sentenced to two concurrent terms of life imprisonment. Macumber appealed.

Rule of Law

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Issue

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Holding and Reasoning (Hays, J.)

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Concurrence (Holohan, J.)

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