In re Neely

In In re Neely (1993) 6 Cal. 4th 901, the California Supreme Court, discussing the merits of a Massiah claim, said: "In order for there to be a preexisting arrangement, however, it need not be explicit or formal, but may be 'inferred from evidence that the parties behaved as though there were an agreement between them, following a particular course of conduct' over a period of time. Circumstances probative of an agency relationship include the government's having directed the informant to focus upon a specific person, such as a cellmate, or having instructed the informant as to the specific type of information sought by the government. " ( Neely, supra, at p. 915.)