SHILLINGER v. HAWORTH

No. 94-8062.

70 F.3d 1132 (1995)

Duane SHILLINGER, Warden, Wyoming State Penitentiary, and the Attorney General of The State of Wyoming, Appellant/Respondents, v. Steven K. HAWORTH, Appellee/Petitioner.

United States Court of Appeals, Tenth Circuit.

Rehearing Denied January 31, 1996.


Attorney(s) appearing for the Case

Mary Beth Wolff, Senior Assistant Attorney General, Cheyenne, Wyoming, for Appellant/Respondents.

Gerald Gallivan, Defender Aid Program, University of Wyoming College of Law, Laramie, Wyoming, for Appellee/Petitioner.

Before HENRY and McKAY, Circuit Judges, and VRATIL, District Judge.


HENRY, Circuit Judge.

In this case we must determine the appropriate Sixth Amendment standards governing an intrusion by the prosecution into the defendant's communications with his attorney. The district court held that the defendant's Sixth Amendment rights were violated by the prosecutor's intrusion into the defendant's trial preparation sessions and accordingly granted his petition for habeas relief. We agree that under the facts found by the Wyoming courts the...

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