Government can disqualify counsel of choice
The government can deny a defendant his counsel of choice, merely by asserting its intent to call his attorney as a witness.
09-4055 & 10-1626 U.S. v. Gaya
Criminal Procedure Counsel of choice It did not violate the defendant’s right to counsel of choice to deny a request for new counsel and a continuance after the jury had already been selected. “The circumstances would not have justified granting the request even if a jury hadn’t been picked. Gaya’s lawyer, who was court-appointed, had […]
09-2516 U.S. v. Sellers
Criminal Procedure Counsel of choice Where the district judge arbitrarily denied a continuance to enable the defendant to retain counsel of his choice, the conviction must be vacated. “The district court also had the duty to consider that Sellers’s new counsel and counsel of choice, Volpe, informed the court that ‘I would be doing a […]
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