People v. Meredith

631 P.2d 46 (1981)

Purchase the Printed Copy at bsmsphd.com

Nature of the Case

To access this section all you need to do is click here and register.

Facts

Scott and Meredith (Ds) were convicted of first-degree murder. Meredith's conviction rested on eyewitness testimony that he shot and killed Wade. Scott's conviction rested on the theory that Scott conspired with Meredith and a third defendant, Jacqueline Otis to kill and rob Wade. The prosecution proved this by showing the place where Wade's wallet was found. Wade was lured out to the robbery by Otis, and then Meredith attacked Wade from behind. After a brief struggle, two shots were fired, and Wade was killed. After his arrest, Scott told his attorney what happened to Wade's wallet, and after hiring a private investigator, they found the wallet precisely where Scott said it was. The attorney examined the wallet and determined that it belonged to Wade as it had his credit cards in it. The wallet was handed over to the police. The attorney and the PI were subpoenaed to testify at a preliminary hearing. The attorney said he received the wallet from the PI and refused to answer any further questions on grounds that it was privileged information. Eventually, when threatened with contempt the attorney divulged that the wallet was discovered from information his client gave him. Another attorney was appointed to represent Scott, and a motion was made to exclude the wallet and all evidence that the prior attorney had testified to as to how it was found by either the prior attorney or the PI. At trial, the PI was called and testified about the location of the wallet. Scott appealed.