Morrell v. State

While Clayton Morrell (defendant) awaited trial on kidnapping, assault, and rape charges, his friend Wagner (living in Morrell's home) found a notepad appearing to describe a kidnapping plan while cleaning out one of Morrell's cars, and asked Morrell's public defender, Cline, to take possession of it; Cline sought bar-association guidance, then attempted to return the notepad to Wagner and arranged for it to reach police at Wagner's request. The notepad was admitted as evidence at trial, Morrell's motion to suppress was denied, Cline testified about the circumstances, and Morrell was convicted; he appealed, arguing the evidence was obtained in a way that deprived him of effective assistance of counsel and that Cline had no affirmative duty to turn it over.