California, United States of America
The following excerpt is from People v. Catelli, 227 Cal.App.3d 1434, 278 Cal.Rptr. 452 (Cal. App. 1991):
Citing Massiah v. United States (1964) 377 U.S. 201, 84 S.Ct. 1199, 12 L.Ed.2d 246 and its progeny, defendant contends that the admission of the tape recording and Officer Simonds' testimony violated his Sixth Amendment rights. He argues that the state knowingly exploited an opportunity to confront him without counsel being present when the prosecutor took the "affirmative step" of having S. arrange the jailhouse conversation with Officer Simonds.
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