rever- sal required when defendant was prevented from speaking with counsel during recess in midst of state’s cross-examination
How later courts described this case
- rever- sal required when defendant was prevented from speaking with counsel during recess in midst of state’s cross-examination
- denial of access to counsel during 21-minute recess while defendant on stand per se error
Written by the judges who cited it.
The opinion
Callahan, J.,
dissenting. I agree with the majority that the interference with the defendant’s right to *609 counsel was error. I also agree with Justice Shea’s concurring opinion that every such error does not require reversal. In some instances the infringement on the sixth amendment is so minimal as to be harmless beyond a reasonable doubt. This is one of those instances. I would affirm the opinion of the Appellate Court.