State v. Ponce, 977 N.E.2d 1062

Ponce was indicted in 2008 on two counts of rape and one count of menacing by stalking.
The first trial (2010) ended with a conviction on menacing by stalking and a mistrial on rape counts.
Ponce retained defense counsel Limbian in January 2010.
The State moved to remove Limbian after Ponce disclosed photos; Limbian was removed in May 2011 to avoid impropriety.
This appeal challenges the pretrial disqualification as improper, arguing right to counsel was violated.
The court must apply the correct 3.7 test and remand for a new ruling under the proper standard.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the trial court abused its discretion disqualifying counsel	State argues counsel must be disqualified as necessary witness	Ponce argues right to counsel of choice was violated	Remanded to apply correct 3.7 test; not outright reversal of conviction

State v. Chambliss, 128 Ohio St.3d 507 (2011-Ohio-1785) (pretrial disqualification reviewable as final order)
State v. Keenan, 81 Ohio St.3d 133 (1998) (presumptive right to counsel overcome by conflicts of interest)
Wheat v. United States, 486 U.S. 153 (1988) (conflicts and potential conflicts in representation)
U.S. v. Gonzalez-Lopez, 548 U.S. 140 (2006) (structural error when right to counsel denied before trial)
State v. Johnson, 197 Ohio App.3d 631 (2011-Ohio-6809) (interlocutory disqualification requires necessity of testimony)