California, United States of America
The following excerpt is from Aceves v. Superior Court, 51 Cal.App.4th 584, 59 Cal.Rptr.2d 280 (Cal. App. 1996):
This need for a balancing of conflicting rights and interests in the context of the attorney-client privilege was discussed in (People v. Godlewski (1993) 17 Cal.App.4th 940, 21 Cal.Rptr.2d 796.) There, three defendants were on trial for murder. One of the defendants made admissions to his attorney that were overheard by a jail inmate. The statements remained protected by the [51 Cal.App.4th 598] attorney-client privilege but a co-defendant argued the privilege should yield to his constitutional right to a fair trial. Significantly, while ultimately rejecting the co-defendant's contention under the facts of that case, the court recognized the need, under extraordinary circumstances, for a balancing
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