The grand jury decided to indict him in August. Monday's filing describes the incident review board process, noting three Huntsville Police Department captains make the decision. The filing notes that neither the captains or anyone else in attendance is allowed to ask questions or interview any witnesses.
But, the filing continues, the review board did not hear from the Major Crimes Unit investigator in charge of the criminal investigation into the shooting. In Monday's motion, the Madison County District Attorney's Office said prosecutors asked on May 2 for evidence that the police department's incident review board gathered during its review of the shooting, as well as evidence from the Huntsville Police Department's Internal Affairs unit investigation.
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Thus, in each case involving the Officer, the Public Defender's Office must evaluate whether the romantic relationship between the Officer and the APD will materially limit the defense of the client. Whether a conflict under 1.
Arizona courts arguably have been inconsistent in addressing the application of ER 1. Superior Court , Ariz.
Prosecutor caught having ‘intimate relationship’ with cop accused of raping teen
Sustaita , Ariz. For the present inquiry, the Committee concludes that a conflict created by a "lawyer's own interests" under ER 1. To find such an imputation could arguably lead to absurd results where the "lawyer's own interests" are the result of personal, religious, social, political, or familial issues. For example, if one public defender determines that her representation of a certain defendant accused of a felony hate crime would be materially limited by her attendance at the place of worship at issue, that potential conflict under ER 1.
Likewise, if one public defender determines that his representation of a defendant would be materially limited because the defendant is accused of sexually assaulting the APD's relative, that is not a conflict that should be imputed under ER 1.
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These are but two examples that support our conclusion that if the conflict under ER 1. Thus, in this Opinion the Committee need not settle the apparent split of authority in Arizona over whether ER 1.
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Rather, the Committee concludes that irrespective of its application, a conflict under ER 1. With regard to the duty to maintain client confidences pursuant to ER 1. According to the facts presented to the Committee, the APD is in a job assignment where he or she would ordinarily share information about cases with co-workers. Inadvertent disclosure to a spouse or significant other where married lawyers are opposite one another in the same case was addressed in Ariz. It must be recognized that the relationship of husband and wife is so close that the possibility of an inadvertent breach of a confidence or the unavoidable receipt of information concerning the client by the spouse other than the one who represents the client for example, information contained in a telephoned message left for the lawyer at home is substantial.
The reasoning of Ariz. In a romantic relationship, the possibility of inadvertent disclosure is likewise great.