State v. Patterson
812 N.W.2d 106
Minn.2012Background
- Patterson and Paul indicted in Hennepin County on two counts of first-degree murder and two counts of attempted first-degree murder; they planned a joint trial.
- State moved to disqualify Patterson’s counsel of choice, Newmark, due to alleged actual/potential conflicts from past representations of witnesses and Paul.
- Patterson waived his right to conflict-free representation regarding Newmark, but the court disqualified Newmark on conflicts with two prospective witnesses.
- Patterson retained another attorney and was convicted of second-degree murder while committing a drive-by shooting and drive-by shooting.
- Court of Appeals affirmed the disqualification; Supreme Court granted review on whether Patterson was deprived of his right to counsel of choice; court affirms.
- Paul pled guilty before trial; Newmark disqualified based on potential conflicts, not only actual ones.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did disqualifying Patterson’s counsel of choice violate his right to counsel of choice? | Patterson waived conflict-free representation; right should be honored. | State showed serious potential conflict necessitating disqualification. | No abuse; disqualification upheld. |
| Was Newmark’s prior representation of Wilson a substantial conflict under Wheat framework? | Waiver defeats conflict; no actual conflict shown. | Potential conflict from cross-examining Wilson; appearance of disloyalty. | Disqualification affirmed under Wheat framework. |
Key Cases Cited
- Wheat v. United States, 486 U.S. 153 (1988) (presumption in favor of counsel of choice; may be overcome by serious potential conflict; trial court’s judgment given deference)
- Powell v. Alabama, 287 U.S. 45 (1932) (right to counsel of choice founded in fairness; not absolute)
- Gonzalez-Lopez v. United States, 548 U.S. 140 (2006) ( Sixth Amendment right to counsel of choice commands fairness in representation)
- Strickland v. Washington, 466 U.S. 668 (1984) (ineffective assistance standard; right to conflict-free counsel relates to fair trial)
- Ryan v. Eighth Judicial Dist. Ct., 123 Nev. 419, 168 P.3d 703 (2007) (note on mistrial rights where conflicts arise)