The following excerpt is from Howell v. Schubert, No. 2: 19-cv-0266 KJM KJN P (E.D. Cal. 2020):
3. Plaintiff has not stated a potentially colorable First Amendment claim based on his inability to communicate confidentially with his counsel at the April 13, 2018 hearing. Claims regarding confidentiality of attorney-client communications involving correspondence may be analyzed under the First Amendment. See Hayes v. Idaho Correctional Center, 849 F.3d 1204, 1209 (9th Cir. 2017). The instant case does not involve correspondence between plaintiff and his counsel.
4. Had the trial court denied counsel's request for a continuance, plaintiff's Sixth Amendment rights may have been violated.
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