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Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Supreme Court of Kentucky; 512 S.W.3d 709. Datos: https://static.case.law/sw3d/512/cases/0709-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
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Samuels v. Commonwealth, 512 S.W.3d 709 (Supreme Court of Kentucky, 2017) OPINION OF THE COURT BY JUSTICE CUNNINGHAM Darryl Samuels was convicted of second-degree assault for fighting with, and biting off the ear of, a fellow inmate. A public defender from the local Department of Public Advocacy (DPA) office was appointed to represent him. Prior to trial, his counsel advised the trial court that another attorney in the local DPA office was representing the alleged victim in an unrelated matter. The court determined that this did not present a conflict of interest that would otherwise require appointment of new counsel and allowed the trial to proceed. In this case, we are called upon to answer the following questions. Is a public defender’s conflict of interest necessarily imputed to all other public defenders in the same Public Defender office? Of course the underlying and additional question is whether Samuels was denied his Sixth Amendment right to conflict-free counsel? The answer to both of these questions is no. I. Background On July 9, 2008, Samuels and Christopher Gravett, his then-cellmate at the McCracken County jail, got into a physical fight in which Samuels hit off Gravett’s ear. As a result, Samuels was charged with second-degree assault. His primary defense to the charge was self-defense. Carolyn Keeley, a public defender working in the DPA’s Paducah trial office, was appointed to represent him. In the meantime, Gravett had his own, unrelated legal trouble for…
Fuente: Caselaw Access Project, Harvard Law School Library Innovation Lab (static.case.law); Supreme Court of Kentucky; 512 S.W.3d 709. Datos: https://static.case.law/sw3d/512/cases/0709-01.json. Opinión judicial de EE.UU. sin restricciones conocidas de uso: CAP levantó las restricciones el 2024-03-01 (prensa); el espejo HF free-law declara cc0-1.0; NO c… Abrir la fuente
Cargando el texto completo…
Samuels v. Commonwealth, 512 S.W.3d 709 (Supreme Court of Kentucky, 2017) OPINION OF THE COURT BY JUSTICE CUNNINGHAM Darryl Samuels was convicted of second-degree assault for fighting with, and biting off the ear of, a fellow inmate. A public defender from the local Department of Public Advocacy (DPA) office was appointed to represent him. Prior to trial, his counsel advised the trial court that another attorney in the local DPA office was representing the alleged victim in an unrelated matter. The court determined that this did not present a conflict of interest that would otherwise require appointment of new counsel and allowed the trial to proceed. In this case, we are called upon to answer the following questions. Is a public defender’s conflict of interest necessarily imputed to all other public defenders in the same Public Defender office? Of course the underlying and additional question is whether Samuels was denied his Sixth Amendment right to conflict-free counsel? The answer to both of these questions is no. I. Background On July 9, 2008, Samuels and Christopher Gravett, his then-cellmate at the McCracken County jail, got into a physical fight in which Samuels hit off Gravett’s ear. As a result, Samuels was charged with second-degree assault. His primary defense to the charge was self-defense. Carolyn Keeley, a public defender working in the DPA’s Paducah trial office, was appointed to represent him. In the meantime, Gravett had his own, unrelated legal trouble for…