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Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege
Loaded on June 18, 2018
by Dale Chappell
published in Criminal Legal News
July, 2018, page 34
Filed under:
Attorney Client.
Location:
Colorado.
by Dale Chappell
In a case of first impression, the Supreme Court of Colorado held February 5, 2018, that a party seeking to invoke the crime-fraud exception to the attorney-client privilege must demonstrate “probable cause” that a crime or fraud is being committed by the client’s communications with his or ...
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More from this issue:
- News in Brief
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- Idaho Supreme Court Orders Acquittal for Insufficient Identification of Drug, by Matthew Clarke
- $10 Million Award for California Man Wrongfully Imprisoned, by Derek Gilna
- Ninth Circuit: Violations Alleged After Expiration of Supervised Release Term Must be Factually Related to Pre-Expiration Allegation, by Richard Resch
- Delaware Supreme Court Describes What Constitutes ‘Effective’ Counsel at Sentencing, by Dale Chappell
- Golden State Killer Suspect Arrest Opens Floodgates for Law Enforcement Use of DNA Websites, by Steve Horn
- Pennsylvania Supreme Court Holds Any Search of Cellphone Requires Warrant, by Dale Chappell
- Wyoming Supreme Court Adopts ‘Castle Doctrine’ for Cohabitants, by Dale Chappell
- Ninth Circuit Reverses Conviction for Transporting an Illegal Alien Due to Improper Jury Instruction, by Christopher Zoukis
- Eleventh Circuit Clarifies When a Court Must Conduct Resentencing Following § 2255 Relief, by Dale Chappell
- California Court of Appeal Rejects Gang Enhancement Based on Expert Witness’ Case-Specific Hearsay Evidence, by Christopher Zoukis
- Third Circuit Reverses Occupational Restriction in Excess of Statutory Maximum for Supervised Release, by Matthew Clarke
- New Mexico Supreme Court Reverses Convictions Based on Double Jeopardy Violations, by Christopher Zoukis
- Virginia Supreme Court Grants Relief Under Revised Actual Innocence Statute, by Dale Chappell
- Colorado High Court Clarifies Crime-Fraud Exception to Attorney-Client Privilege, by Dale Chappell
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- California Supreme Court Vacates Conviction and Death Sentence After Experts Recant Testimony, by Dale Chappell
- Colorado Supreme Court: ‘Entry of Judgment’ for New Trial Motion Means Both Conviction and Imposition of Sentence, by Dale Chappell
- Vermont Supreme Court: Defendant Cannot be Compelled to Submit to Competency Evaluation by State’s Expert, by David Reutter
- Ninth Circuit: California Carjacking Not a Crime of Violence Post-Johnson, by Christopher Zoukis
- Ohio Supreme Court: Prisoner Entitled to Results of Post-Conviction DNA Profile, by Matthew Clarke
- No Increase in Murder Rate for Civilians or Police Following Abolition of Death Penalty, by Matthew Clarke
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- S.C. Supreme Court Rules Counsel’s Failure to Recognize Ex Post Facto Issue in Advising Defendant to Accept Plea Deal Constituted IAC, by Dale Chappell
- Alabama’s Most Populous County Reaches Bail Reform Settlement, But Problems Could Persist, by Steve Horn
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More from Dale Chappell:
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- Federal Court Rules Michigan’s Sex Offender Registration Laws Violate Constitution, Dec. 1, 2024
- Refuting the Government’s Argument Against Nonretroactive Changes in Law as Grounds for Compassionate Release, Oct. 1, 2024
- Federal Habeas Corpus: Getting Around Procedural Default, July 15, 2024
- The Death of the Savings Clause, May 15, 2024
- Federal Habeas Corpus: Understanding Second or Successive Petitions for State Prisoners, April 15, 2024
- Fourth Circuit Reinstates Relief From Death Penalty, Citing State’s Forfeiture of Argument Against Relief, May 15, 2023
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- Will Overturning Roe v. Wade Kill the Right to Abortion Under BOP Policy?, Jan. 1, 2023
More from these topics:
- Nevada Supreme Court Holds That Violating Jail Phone Policy Does Not Waive Attorney-Client Privilege, Sept. 15, 2024. Attorney Client, Attorney Calls.
- Washington Prisoner’s Sentence Vacated After Attorney Calls and Visits Were Recorded, Aug. 15, 2024. Attorney Client, Prisoner Privileges, Disclosure of Records, Recordings, Sentences - Corrections or Modifications of.
- In New Jersey, Yet More Privileged Phone Calls Between Prisoners and Attorneys Recorded and Used by Prosecutors, July 1, 2024. Attorney Client, Attorney/Client, Recorded Calls.
- Tenth Circuit Rejects Government’s Appeal Over Recorded Attorney Calls and Visits at Private Prison in Leavenworth, Sept. 1, 2021. Corrections Corporation of America/CoreCivic, Attorney Client, Attorney Calls, Recordings.
- Attorney-Client Privilege Under Attack in Jails Across the Nation, May 2, 2019. Attorneys, Attorney Client.
- How Defense Lawyers Break Attorney-Client Privilege to Defend Ineffective Assistance of Counsel Claims, Dec. 30, 2018. Attorney Client, Attorney Misconduct, Attorney.
- Alaska Jail Recorded Attorney-client Conversations for Four Years, Aug. 7, 2018. Jail Misconduct, Attorney Client, Attorney Calls, Telephone Monitoring.
- Claim of Right to Counsel Infringement Survives in Detainees’ Claim of Recorded Attorney Calls, Dec. 26, 2017. Attorney Client, Civil Procedure.
- Jail Records Protected Conversation: Federal District Court Does Not Dismiss Suit, Dec. 26, 2017. Jail Misconduct, Attorney Client, Civil Procedure.
- Nevada Federal Court Dismisses Suit over Attorney-Client Phone Call Monitoring, Aug. 22, 2017. Attorney Client, Attorney Calls.