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OH on public defender conflicts; no conflict imputed to appellate defenders not directly associated with trial defenders for IAC claims

By John Wesley Hall, Jr.

The Ohio Supreme Court's Board of Commissioners on Grievances and Discipline issued Opinion 2010-5 on August 13, 2010, posted on the Court's website August 24th: SYLLABUS: The assistant state public defenders in the state public defender’s central appellate office located in the state’s capital city and the assistant state public defenders in the state public defender’s trial branch offices located in four different counties are not automatically considered lawyers associated in a firm for purposes of imputing conflicts of interest under Prof. Cond. Rule 1.10(a). If an appellate state public defender does not provide assistance to a trial branch state public defender in a trial matter, there is no ethical reason to impute a conflict of interest when an appellate attorney is asked to conduct a merit review, prosecute an appeal, or pursue a postconviction remedy asserting ineffectiveness of trial counsel in that matter...continue to full post

Full post as published by Law Of Criminal Defense on August 30, 2010 (boomark / email).