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United States v. Hatcher
United States Court of Appeals for the Eighth Circuit
323 F.3d 666 (8th Cir. 2003)
Career criminal Clarence Burnett organized a string of jewelry-store robberies and fenced the stolen jewels to pawnshop owners Angelo and Joseph Anthony Porrello. Burnett and some coconspirators later testified against the Porrellos and a third coconspirator, Michael Hatcher (defendants), in exchange for reduced sentences. The defendants sought production of taped telephone conversations between the cooperating coconspirators and their attorneys, recorded while the coconspirators were incarcerated. The trial court refused to order production of the tapes as protected by attorney-client privilege. The defendants appealed, asserting waiver of the attorney-client privilege because the coconspirators and their attorneys knew the prison was recording the conversations. The government argued that the defendants failed to establish facts sufficient to support waiver of the privilege.
Rule of Law
Holding and Reasoning (Arnold, J.)
Concurrence (Bye, J.)
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