PEOPLE V. MEREDITH 631 P.2d 46 (1981) CASE BRIEF

PEOPLE V. MEREDITH

631 P.2d 46 (1981)

NATURE OF THE CASE: This was an appeal from a conviction of first degree murder. Meredith (D) challenged their convictions for first-degree murder and first-degree robbery on the basis that Cal. Evid. Code 954 barred defense investigator testimony concerning the location of evidence.

FACTS: Scott and Meredith (Ds) were convicted of first degree murder. Meredith's conviction rested on eyewitness testimony that he shot and killed Wade. Scott's conviction rested on the theory that Scott conspired with Meredith and a third defendant, Jacqueline Otis to kill and rob Wade. The prosecution proved this by showing the place where Wade's wallet was found. Wade was lured out to the robbery by Otis and then Meredith attacked Wade from behind. After a brief struggle, two shots were fired and Wade was killed. After his arrest, Scott told his attorney what happened to Wade's wallet and after hiring a private investigator, they found the wallet precisely where Scott said it was. The attorney examined the wallet and determined that it belonged to Wade as it had his credit cards in it. The wallet was handed over to the police. The attorney and the PI were subpoenaed to testify at a preliminary hearing. The attorney said he received the wallet from the PI and refused to answer any further questions on grounds that it was privileged information. Eventually when threatened with contempt the attorney divulged that the wallet was discovered from information his client gave him. Another attorney was appointed to represent Scott and a motion was made to exclude the wallet and all evidence that the prior attorney had testified to as to how it was found by either the prior attorney or the PI. At trial the PI was called and testified about the location of the wallet. Scott appealed.

ISSUE:

RULE OF LAW:

HOLDING AND DECISION:

LEGAL ANALYSIS:

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