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By stan_sipple

Holt County defendant in prescription fraud case wins her motion to disqualify the prosecuting attorney because the attorney formerly defended her in a similar case in Nodaway County when he was in private practice. Missouri Supreme Court issues writ to disqualify the prosecutor. State ex rel. Heidi Parker Burns, Petitioner, v. The Honorable William S. Richards, Respondent.: SC88709 Rule 4-1.9 (conflict of interest) provides a lawyer who formerly represents a client shall not represent an adverse position to that client in a same or a substantially related matter in which the current client's interests are materially adverse to the former client, unless the former client gives consent. Both charges against Burns, in which Weybrew previously defended Burns and now prosecutes her, Burns was charged with violations of chapter 190. Both charges involve possession or attempting to obtain possession of controlled substances that otherwise are legal pharmaceuticals when prescribed by a physician. Weybrew had confidential information and the two cases have such close temporal proximity and similarity of subject matter that the appearance of impropriety is inherent. A defendant in this situation need not plead the use of confidential information, or show actual prejudice, in a prosecution by her former defense counsel. In this situation, the appearance of impropriety, without more, requires disqualification.

Full post as published by Showmeblawgs on April 10, 2008 (boomark / email).