State v. Phelps

545 P.2d 901 (1976)

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Nature of the Case

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Facts

Phelps (D) was charged with DUI and advised his attorney that he could produce several witnesses who would testify that he was not driving at the time of the alleged offense. The attorney thought he was not telling the truth and confronted his client and the client and the witnesses admitted that D had lied to his attorney. The attorney got assurances the perjured testimony would not be used and withdrew. D then hired another attorney and won the case using the perjured testimony. The attorney was called before the grand jury and told them of the contemplated perjury. D then moved the court for an omnibus hearing to determine the admissibility of the first attorney's grand jury testimony. The circuit court ordered that the attorney may not be compelled to testify as to any of the privileged communications between himself and his ex-client. The State appealed.