United States Ninth Circuit

If a State places a cooperating informant in a jail cell with a defendant whose right to counsel has attached, and if the informant then makes a successful effort to stimulate a conversation with the defendant about the crime charged, the State thereby violates the defendant's Sixth Amendment right under Massiah v. US, 377 U.S. 201 (1964).

Appellate Information

• Argued 04/14/2004
• Decided 08/19/2004
• Published 08/19/2004

Judges

• WILLIAM A. FLETCHER, Circuit Judge:, Before: T.G. NELSON, W. FLETCHER, and BERZON, Circuit Judges.

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Suzanne Adele Luban, Oakland, CA, for the petitioner-appellant.


• For Appellees:
  
• Janis Shank McLean, Office of the California Attorney General, Sacramento, CA, for the respondents-appellees.