Ethics

There are a lot of cases (e.g., In re Paulter) and scholarly articles (e.g., Doug Richmond's piece here) concerning the extent to which a prosecutor can mislead a suspect during a criminal investigation.  But since Paulter, I haven't seen a case quite as troubling as this one. 

In essence, a prosecutor appears to have approached a private attorney and asked him to meet with a suspect while the suspect was in jail.  The private attorney agreed to wear a wire during those conversations, which revealed the suspect's vast criminal enterprise.  Although there is some debate on this point, the suspect appears to have believed that the private attorney was representing him during the jailhouse conversations.  In any event, the suspect is now being prosecuted, and he is trying to exclude the evidence.

Take a look at the article, which contains a lot more detail, but at first blush, this case sounds an awful lot like Paulter.

Thanks to Mississippi's Ben Cooper for the link.