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MORROW v. SUPERIOR COURT

Docket No. B085297.

30 Cal.App.4th 1252 (1994)

36 Cal. Rptr.2d 210

ROBERT LEE MORROW, Petitioner, v. THE SUPERIOR COURT OF VENTURA COUNTY, Respondent; THE PEOPLE, Real Party in Interest.

Court of Appeals of California, Second District, Division Six.

December 9, 1994.

Attorney(s) appearing for the Case

COUNSEL

Kenneth I. Clayman, Public Defender, Christina L. Briles and Bryant Villagran, Deputy Public Defenders, for Petitioner.

Glen Mowrer, Public Defender (Santa Barbara), Michael C. McMahon, Assistant Public Defender, and Mary L. Fielder, Deputy Public Defender, as Amici Curiae on behalf of Petitioner.

No appearance for Respondent.

Michael D. Bradbury, District Attorney, and Kevin G. Denoce, Deputy District Attorney, for Real Party in Interest.

OPINION

YEGAN, J.

It has been said, and it is doubtless true, that the "... courtroom is a temple of justice." (Featherstone v. United States (5th Cir.1974) 491 F.2d 96, 97, fn. 1.) A prosecutor may not use the courtroom as a place to intentionally and surreptitiously listen to, i.e., eavesdrop upon, a defendant's conversation with his attorney. Indeed, eavesdropping on an attorney-client...

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