ID: Cell seizure of def’s notes for conversation with defense lawyer presumptively prejudicial; remanded to see if state can overcome prejudice and whether DA disqualified

Defendant was convicted of attempted murder. “While he was incarcerated prior to trial, Robins’s cell was searched and handwritten notes he had prepared in anticipation of a meeting with counsel were seized and delivered to the prosecuting attorney. The district court granted Robins partial relief from a violation of his attorney-client privilege but placed the burden on him to object at trial if the State offered evidence or argument arising from the privileged materials. Robins argues that the district court erred in fashioning this remedy and we agree. In light of the circumstances, we vacate his judgment of conviction and remand the case with instructions to hold an evidentiary hearing to determine whether the State can overcome the presumption of prejudice arising from its violation of Robins’s attorney-client privilege. If the State can overcome the presumption, a new trial must be conducted from which the Ada County Prosecutor’s Office must be recused.” State v. Robins, 2018 Ida. LEXIS 153 (Aug. 2, 2018).