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· 3/24/2000

State Ex Rel. Michael A.P. v. Miller

Citations

  • 529 S.E.2d 354
  • 207 W. Va. 114
  • 2000 W. Va. LEXIS 11

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • recognizing that the decision to grant or deny such a motion is within the lower court’s discretion
  • attorney’s representation of two juveniles created actual conflict of interest where one juvenile was expected to be a witness against the other
  • decision to disqualify court-appointed counsel is within the discretion of the trial court
  • decision to disqualify court-appointed counsel is within the discretion of the trial court
  • “ ‘Once satisfied that [a] defendant has made a voluntary and knowing waiver of a conflict of interest, the trial court may permit counsel’s continued representation!;.]” ’ (quoting State v. Cobbs, 221 Wis.2d 101, 105-06, 584 N.W.2d 709, 711 (1998))
  • “In a juvenile proceeding, the decision whether to grant or deny a motion to disqualify a lawyer due to a conflict of interest is within the sound discretion of the circuit court, even where the interested parties have waived any conflict.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.