Opinion
S23C1192
02-06-2024
DEREK BURNS v. THE STATE.
The Honorable Supreme Court met pursuant to adjournment. The following order was passed:
DEREK BURNS v. THE STATE
Court of Appeals Case No. A23A0577
The Supreme Court today granted the writ of certiorari in this case as Case No. S23G1192 .
This case will be assigned to the May 2024 oral argument calendar automatically under Supreme Court Rule 50 (1) (a). Oral argument is mandatory in granted certiorari cases.
This Court is particularly concerned with the following issue or issues:
(1) If the State intentionally listens to a call between a defendant and his or her lawyer, does that violate the Sixth Amendment of the United States Constitution? See Shillinger v. Haworth, 70 F.3d 1132 (10th Cir. 1995). (2) If so, what is the remedy for such violation? Compare Shillinger, 70 F.3d at 1142 (II) (B) ("[W]e hold that when the state becomes privy to confidential communications because of its purposeful intrusion into the attorney-client relationship and lacks a legitimate justification for doing so, a prejudicial effect 2 on the reliability of the trial process must be presumed.") and United States v. Bell, 776 F.2d 965, 972-973 (IV) (B) (11th Cir. 1985) ("[E]ven where the [Sixth Amendment] violation is deliberate, dismissal of the indictment as the sanction for governmental intrusion into the attorney-client relationship is inappropriate, absent prejudice.")
Briefs should be submitted only on these points. See Supreme Court Rule 45.
All the Justices concur.