(Download) "Mccall V. District Court For Twenty-First Judicial District" by Colorado Supreme Court # Book PDF Kindle ePub Free
eBook details
- Title: Mccall V. District Court For Twenty-First Judicial District
- Author : Colorado Supreme Court
- Release Date : January 04, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
In this original proceeding under C.A.R. 21, we issued a rule directing the respondent, Mesa County District Court,*fn1 to show cause why the Colorado State Public Defender should not be permitted to withdraw from representing defendant Donnie Ray McCall on appeal from the denial of his motion for post-conviction review of a judgment and sentence for second-degree murder. The public defender had moved to withdraw based upon a conflict of interest. The asserted conflict arose because McCall's pro se motion for post-conviction review alleged ineffective assistance of counsel in the district court by a deputy public defender based in the public defender's regional office in Grand Junction. The district court denied the motion to withdraw, ruling that appellate counsel, who was a deputy public defender in the appellate division of the public defender's office located in Denver, and the deputy public defender in Grand Junction who had represented the defendant in the district court were not related to each other in such a way as to require that appellate counsel be disqualified. We disagree with the trial court's decision and make the rule absolute.