[Download] "Rodriguez v. Chandler" by In the United States Court of Appeals for the Seventh Circuit # Book PDF Kindle ePub Free
eBook details
- Title: Rodriguez v. Chandler
- Author : In the United States Court of Appeals for the Seventh Circuit
- Release Date : January 27, 2004
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
ARGUED MAY 25, 2004 Several months prior to Neftaly Rodriguez's trial for murder, the prosecutor filed a motion to disqualify Joseph Brent as one of his lawyers. Brent also represented detective John McMurray in an unrelated real estate deal. The prosecutor told the judge that McMurray was an ""integral part of the case"" against Rodriguez because he had participated in the investigation of one of Rodriguez's co-defendants. According to the prosecutor, Brent's simultaneous representation of Rodriguez and McMurray created a ""per se conflict of interest"". The thinking was not spelled out but must have been that, if McMurray appeared on the stand, Brent would treat him with kid gloves during cross-examination, lest he risk upsetting and losing a paying client. Relying on the prosecutorial assurance that McMurray would testify, the judge held that a conflict existed and deemed inadequate Rodriguez's offer to waive his right to conflict-free counsel. The court prevented Brent from rendering Rodriguez any further assistance. When trial arrived, however, the prosecutor failed to call McMurray as a witness. Rodriguez was convicted and on appeal argued that Brent had been disqualified improperly. The Appellate Court of Illinois rejected this contention, People v. Rodriguez, 317 Ill. App. 3d 1159 (1st Dist. 2000) (unpublished order), finding that the trial court had only unpalatable choices -- if it disqualified Brent, Rodriguez might protest that his right to choice of counsel had been violated; but if it accepted Rodriguez's waiver, he might disavow it on appeal and assert ineffective assistance of counsel. The Appellate Court found that the trial judge did not err in choosing the former course.
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