Sweeney v. Dayton

416 P.3d 1987 (2018)

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Nature of the Case

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Facts

P was appointed to represent McClanahan, who was charged with possession of dangerous drugs with intent to distribute. McClanahan pled not guilty and was ultimately released after he signed the District Court's Release Order and Conditions of Release. McClanahan did not show up to the final pretrial conference on November 16, 2016, and was subsequently charged with bail jumping. Ed Sheehy was appointed to represent McClanahan on the bail jumping charge, and he moved to dismiss. Sheehy argued McClanahan did not have notice of the hearing. Knowledge of the final pretrial conference is a necessary element of the bail jumping charge. The District Court denied McClanahan's motion to dismiss. P sent a letter notifying the State that she would assert attorney-client privilege for any line of questioning about communications with McClanahan and the preparation of his defense. The State filed a motion in limine. The District Court determined that P would have to testify as to whether she told McClanahan about the final pretrial conference. P filed a Petition for a Writ of Supervisory Control.