Legal Question in Criminal Law in Ohio

Conflict of Interest or Judicial Misconduct?

The scenario:

A car thief and a man charged with (felony 1)aggravated assault are cell mates in jail, both awaiting trial. The two become friendly and discuss their cases with one another. The car thief, wanting to ''make a deal'' for lessor time on his case, calls his attorney and states that he would like to rat on his cell-mate for a deal. Off the two go to the prosecutors and the police department. While the car thief is questioned by the police, his attorney is present. Now... in the interim of this, the one who is being charged with assault goes to court, fires his original attorney and is given a public defender who happens to be the same attorney as that of the car thief. The one who was accused of assult went to trial and was convicted. He is now facing a mandatory 25-life for the assult. The information of the attorneys involvement with the car thief/cell mate was not disclosed to the agg. assult man until after he was convicted. Is there a conflict of interest here?

Please note: I am in Ohio, as I know laws differ from state to state.

Sentencing in the aggravated assult is next week.


Asked on 9/28/05, 1:30 pm

1 Answer from Attorneys
Richard Cline Office of the Ohio Public Defender

Re: Conflict of Interest or Judicial Misconduct?

Based on the facts stated in the question, it certainly appears like there was a major error here. I assume that the car thief testified against the defendant charged with agg assault. there is no way that the same attorney should have represented both people.

Even if the car thief did not testify, the fact that the attorney had represented a defendant who attempted to "snitch" on the defendant charged with agg assault is a big problem.

It may not mean that you get a new trial, but I would certainly raise it at the sentencing (or before) by asking the Judge to review the situation. There is a possibility of waiver if you do not raise the issue now.

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Answered on 9/28/05, 10:12 pm


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