Sixth Amendment

The federal public defender's office in Kansas says it’s entitled to nearly $224,000 in legal fees because of prosecutor misconduct in an explosive case over the taping of attorney-client phone calls at the Leavenworth pretrial detention prison. 

In a court filing this week, the public defender says it incurred nearly $1.7 million in fees and expenses litigating the case but is seeking only the amount “required to litigate the Government’s contemptuous conduct.”

Less than two weeks after a judge issued a blistering opinion on the taping of attorney-client conversations at the Leavenworth Detention Center, a settlement has been reached with inmates who alleged their calls were illegally recorded.

The settlement, which needs court approval before it becomes final, calls for the private operator of the prison and the provider of its phone system to pay $1.45 million into a settlement fund for the inmates.

Missouri Attorney General Eric Schmitt says a proposed deal to reduce public defender workloads doesn’t protect the interests of the public, and he wants permission to intervene in the case.

A federal appeals court has thrown out a class action lawsuit against Missouri and its governor that seeks to fix the state’s chronically underfunded and overworked public defender system.

A three-judge panel of the 8th U.S. Circuit Court of Appeals on Thursday ruled that both the state and governor are immune from the suit on sovereign immunity grounds.

A woman less than halfway into her five-year prison sentence walked free in Texas on Monday after a federal judge ruled her constitutional rights had been violated when a federal prosecutor at the Leavenworth Detention Center listened to her phone calls with her attorneys.

A former federal prosecutor listened to multiple recorded calls between an inmate at Leavenworth Detention Center and her attorneys, documents disclosed at an evidentiary hearing on Thursday showed.

The explosive revelations prompted the Federal Public Defender to file a motion on Friday asking for court permission to disclose the evidence “to the appropriate disciplinary authorities.”

Attorneys alleging their meetings and phone calls with clients at the Leavenworth Detention Center were unlawfully recorded can move forward with a class-action lawsuit, a federal judge ruled last week.

U.S. District Judge Stephen Bough found that a class action was the best way to proceed because “(i)t would be judicially uneconomical for the Court to entertain hundreds if not thousands of individualized claims” over the same issue.

The U.S. Justice Department has scuttled an agreement to address more than 100 cases in which inmates at a Leavenworth pretrial facility were videotaped while meeting with their attorneys.

The state Public Defender’s Office in Kansas City, the largest in Missouri, will have another chance to argue that its caseloads have become unmanageable.

On Tuesday, the Missouri Court of Appeals ruled that the presiding judge of Jackson County wrongly refused to hold a formal hearing on the issue. It sent the matter back to the judge and directed him to create a record that can be reviewed on appeal.

More than 1,300 phone calls between public defenders and inmates awaiting trial at the Leavenworth detention facility were improperly recorded over a two-year period, according to newly disclosed information in a civil lawsuit.

Federal prosecutors in Kansas have agreed to address issues arising from the furor over their use of recordings of phone conversations between attorneys and clients at the pretrial facility in Leavenworth.

Details remain to be worked out, but after a highly charged day-long hearing Tuesday in federal court, U.S. Attorney Stephen McAllister said Wednesday that his office was prepared to work out an agreement with the Federal Public Defender’s Office and the special master appointed to look into the tapings.

A federal appeals court has stayed a potentially explosive hearing – at least for the time being – aimed at determining whether federal prosecutors impermissibly obtained and used recordings of attorney-client phone calls.

The hearing was set to begin today in federal court in Kansas City, Kansas, but the U.S. Attorney’s Office in Kansas filed an emergency motion to block it, arguing the court was poking into the internal affairs of a separate branch of government.

In a rare move, a federal judge has thrown out a defendant’s conviction on drug charges after ruling that the prosecutor had interfered with his Sixth Amendment right to a fair trial.

In a blistering decision handed down Tuesday, U.S. District Judge Julie Robinson found that the prosecutor, Assistant U.S. Attorney Terra Morehead, had “substantially interfered with a defense witness’s decision to testify” in the case.