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People v. Hernandez, No. H031992

Conviction of defendant for premeditated attempted murder is reversed as, without more evidence of good cause for a court order barring defense counsel from discussing the contents of co-defendant's written declaration with the defendant, the order unjustifiably infringed on the defendant's constitutional right to the effective assistance of counsel, and as such, the defendant is entitled to reversal without making a showing of prejudice resulting from the error.  Remaining issues are considered and the decisions of the trial court affirmed only to the extent necessary to provide guidance in the event of retrial.     

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Filed November 9, 2009


Opinion by Judge Elia


For Appellant:  Marc J. Zilversmit

For Appellee:  Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gerald A. Engler, Sr. Assistant Attorney General, Laurence K. Sullivan and Amy Haddix, Deputy Attorneys General