Document Type

Case Summary

Publication Date

3-7-2024

Case Synopsis

Absent additional evidence of waiver, a defendant does not waive his attorney-client privilege even when he makes phone calls during pretrial detention that are in violation of detention center phone use policy and uses a three-way phone service to connect to his defense investigator. Though district courts use discretion in admitting or denying evidence, these uses of discretion can be reviewed on appeal, and reversed if not harmless.

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