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: Capital Defense Weekly

In trial starting Monday, no weekly email edition this week & only one favorable capital decision noted.

By Karl R. Keys, Esq.

Prosecutors in State v. Maughan convinced a trial court to go along with their claim Maughan’s counsel was conflicted for zealously protecting their client’s interest (previously discussed here). Maughan’s counsel apparently informed witnesses they didn’t have to talk to cops. The cops returned the favor telling witnesses they need not talk to the defense. The trial court sided with the cops/prosecutors & recused Maughan’s counsel calling counsel’s action potentially unlawful and/or unethical & that it would not permit Maughan’s counsel (despite the Accused’s desire they continue) to continue under these circumstances. The Utah Supreme Court several days ago weighed in concluding the trial court overreacted & both the lower court & the prosecution needs to chill as even if there was a conflict, any possible conflict here could be waived...continue to full post

Full post as published by Capital Defense Weekly on April 07, 2008 (boomark / email).