State v. Leavitt

In State v. Leavitt, 107 Wn. App. 361, 27 P. 3d 622 (Wash. App. 2001), the state attempted to use a defendant's statements to an inmate representative against him in a murder trial after the state had encouraged the defendant, by regulation and advice, to seek inmate representation and had thereafter facilitated the discussion between the defendant and the fellow inmate. 172 Ariz. at 71, 834 P.2d at 157. The Arizona Supreme Court suppressed the statements on state due process grounds, concluding that it was fundamentally unfair for the state to offer inmate representation to the defendant as a right and then transform it into a trap for collecting inculpatory evidence against him. Id. at 73, 834 P.2d at 159.