State v. LaughlinState v. Laughlin
The opinion of the court was delivered by
This is a direct appeal from a conviction of rape (
The first point on the appeal is that the district court erred in failing to disqualify the district attorney, Clark V. Owens, and his entire staff, because the district attorney, while in private practice, had personally represented the defendant in a prior criminal case involving burglary and attempted rape some three years before the present incident. It is the defendant’s position that,
It is undisputed that district attorney Owens did not actually participate in the prosecution of this case. The prosecution was handled by assistant district attorneys. Furthermore, the defendant does not contend that Owens actually influenced the prosecution of the case or revealed any confidential information obtained in the prior representation. The defendant only maintains that, due to the prior representation of the defendant by Owens, a breach of confidence was possible.
A Kansas case involving the disqualification of a prosecutor is
State v.
Leigh,
The Supreme Court reversed the conviction and stated the rule to be as follows:
“An attorney owes to his client fidelity, secrecy, diligence and skill and an attorney cannot undertake to represent conflicting interests or to discharge inconsistent duties which may cause a breach of the trust due his client, no matter how honest may be the attorney’s motives or intentions.” Syl. ¶ 1.
“An attorney cannot be permitted to participate in the prosecution of a criminal case if, by reason of his professional relations with the accused, he has acquired knowledge of the facts upon which the prosecution is predicated or which are closely interwoven therewith.” Syl. ¶ 3.
The rule recognized in
Leigh
is firmly established as a general principle of law throughout the United States. There is an annotation on the subject of disqualification of prosecuting attorneys on account of a relationship with the accused in
A case with facts similar to those in this case is
State v. Bryan,
In
State v. Miner,
A similar holding may be found in
United States v. Caggiano,
We find the other points raised by the defendant on the appeal to be without merit.
The defendant complains that the trial court erred in failing to give defendant’s requested instruction on the defense of consent. In
State v. Lee,
The defendant maintains that the trial court erred in failing to instruct the jury that the State had the burden to prove defendant guilty “beyond a reasonable doubt.” The trial court gave PIK Crim. 52.02 (1971) which has been upheld in several Kansas cases where the same issue has been raised. See
State v. Lovelace,
The judgment of the district court is affirmed.