BARBER v. MUNICIPAL COURT

Docket No. L.A. 30898.

24 Cal.3d 742 (1979)

598 P.2d 818

157 Cal. Rptr. 658

RICHARD BARBER et al., Petitioners, v. THE MUNICIPAL COURT FOR THE SAN LUIS OBISPO COUNTY JUDICIAL DISTRICT OF SAN LUIS OBISPO COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Supreme Court of California.

August 10, 1979.


Attorney(s) appearing for the Case

COUNSEL

Richard A. Frishman for Petitioners.

Fred Okrand and John M. Sink as Amici Curiae on behalf of Petitioners.

No appearance for Respondent.

Evelle J. Younger, Attorney General, Jack R. Winkler, Chief Assistant Attorney General, S. Clark Moore, Assistant Attorney General, Frederick R. Millar, Jr., William R. Weisman, Deputy Attorneys General, Robert N. Tait, District Attorney, and Gerald T. Shea, Deputy District Attorney, for Real Party in Interest.


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...

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