Brief filed: 03/08/2024
Documents
United States v. Hohn
10th Circuit Court of Appeals;
Prior Decision
Decision below USA v. Strett, 2:12-cv-02491-JAR-JPO (D.Kan.)
Argument(s)
The Tenth Circuit has a defense-friendly precedent Shillinger v. Haworth, which holds that at least when it is purposeful and without legitimate justification, governmental intrusion into the attorney-client relationship is structural error. The Tenth Circuit has ordered en banc review in this case prior to an initial panel decision, which seems to reflect an interest among at least some of the judges in throwing out that good law. The amicus brief provides a general discussion of the origin, history, and purpose of the structural error doctrine.
Author(s)
Daniel L. Kaplan, Arizona Federal Public Defender, Phoenix, Arizona; Jon M. Sands, Federal Public Defender, District of Arizona; Norman Mueller and Randall Hodgkinson, NACDL, Washington, DC
