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United States v. McPartlin

595 F.2d 1321, cert. denied, 444 U.S. 833, 100 S.Ct. 65, 62 L.Ed.2d 43 (1979)

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United States v. McPartlin

United States Court of Appeals for the Seventh Circuit

595 F.2d 1321, cert. denied, 444 U.S. 833, 100 S.Ct. 65, 62 L.Ed.2d 43 (1979)

Facts

Frederick Ingram (defendant) and Robert McPartlin (defendant) were charged with wire fraud and conspiracy to commit wire fraud. Ingram and McPartlin hired different attorneys, but both codefendants sought to discredit entries in a diary kept by William Benton. An investigator hired by Ingram’s attorney interviewed McPartlin with the consent of both codefendants’ attorneys. While speaking to the investigator regarding Benton’s diary, McPartlin made statements that were exculpatory toward Ingram. At trial, Ingram sought to introduce McPartlin’s statements to the investigator as evidence. McPartlin objected, asserting the attorney-client privilege. The trial court sustained the objection. The codefendants were convicted, and they appealed. Ingram argued that the attorney-client privilege did not apply to McPartlin’s statements to Ingram’s investigator, because their defenses were not entirely compatible.

Rule of Law

Issue

Holding and Reasoning (Tone, J.)

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