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Tuesday, May 29, 2007

Talking with Counsel. The Second Circuit held that an order by the District Court, later rescinded, which prohibited a criminal defendant from speaking with his counsel after the first day of his cross-examination, did not violate the defendant's criminal rights under the circumstances of the case. In addition to rescinding the order, the Court had adjourned the case the next morning to allow the attorney to speak with his client. The attorney, however, took the position that the remedy was insufficient to cure the constitutional violation of not allowing him to speak with his client immediately after the day's testimony. The Second Circuit disagreed.

The decision in United States v. Andrews can be found here.

Update: Andrews will be seeking rehearing en banc, and, if that fails, review by the Supreme Court. Personally, I would not bet the farm on obtaining cert. or even a rehearing by the Second Circuit, but time will tell.

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