Can a witness be cross-examined for discussions with his attorney about a possible plea bargain?

California, United States of America


The following excerpt is from People v. Walker, B221399 (Cal. App. 2011):

"[T]he Sixth Amendment right to confrontation encompasses inquiry into a witness's bias or motivation for testifying. [Citation.] The attorney-client privilege, on the other hand, applies to discussions between a witness and the witness's attorney relating to possible plea bargains. [Citation.]" (People v. Mincey (1992) 2 Cal.4th 408, 463.) Thus, the right to cross-examine does not extend to a witness's conversations with his attorney about a plea bargain. (Ibid.)

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