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Collin County judge approves search warrant for defense lawyer's files

Maybe the Texas Court of Criminal Appeals will finally find a use for that 1856 attorney client privilege rule after all!The CCA earlier this year postponed proposed changes to attorney-client privilege rules for criminal defense lawyers after a largely blog-generated outcry. The court had proposed getting rid of provisions that Judge Cathy Cochran in a guest post on Grits called a "vestigial tail" with "no wag," arguing that because no evidence had been excluded based on the rule in many moons, it could be safely deleted without troubling attorneys' historic protections.Defenders of the rule argued that even though the rule had not been interpreted by the courts in many years, it still contained "sympathetic magic" which prevented judges from crossing so clearly drawn a threshold...continue to full post

Full post as published by Grits for Breakfast on July 18, 2008 (boomark / email).