People v. Latham

Defendant was convicted of first-degree murder and was sentenced to 53 years in prison. Defendant raised a number of issues on appeal, including the allegation that he was improperly denied access to counsel by the trial court during an overnight recess during trial and that this denial required reversal without a showing of prejudice. The State conceded that an order forbidding defendant from consulting with his attorney during the recess violated the Sixth Amendment, but argued that the trial court’s order did not completely restrict defendant’s access and was reasonable and defendant had waived the issue. The appellate court found that an unconstitutional denial of access occurred and reversed. (MIKVA and NAVARRO, concurring)