Can a defendant who is under investigation for an alleged sexual assault have access to counsel for the uncharged defendant?
MultiRegion, United States of America
The following excerpt is from USA v. Ortega, 203 F.3d 675 (9th Cir. 2000):
This exception exists "when the pending charge is so inextricably intertwined with the charge under investigation that the right to counsel for the pending charge cannot constitutionally be isolated from the right to counsel for the uncharged offense." Covarrubias, 179 F.3d at 1223 (quoting United States v. Hines, 963 F.2d 255, 257 (9th Cir. 1992)). This court recently set forth the test for determining whether or not this exception applies:
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