Posted on Thursday, December 12th, 2019 at 8:00 am
Spolin Law has filed a petition in the United States Supreme Court, in Washington D.C., on a noteworthy case that implicates major Constitutional issues.
The October 2019 filing, termed a petition for writ of certiorari, seeks to have the court accept the case and overturn the conviction of the firm’s client, whose rights were violated in the course of his trial. If the court rules on the side of client, the decision will affect criminal defendants throughout the United States in both state and federal courts.
The primary issue presented to the United States Supreme Court was whether an attorney for a criminal defendant may subsequently represent a witness against his former client. The issue relates to the Sixth and Fourteenth Amendments of the United States Constitution. The Sixth Amendment, as interpreted by prior case law, guarantees criminal defendants the right to the “effective” assistance of a lawyer. An attorney whose representation falls below the standards articulated by the courts will be considered ineffective, thus violating the client’s Constitutional rights.
In the present case, a lawyer represented a criminal defendant while simultaneously representing a witness who was slated to testify against the defendant. Once the lawyer realized that he was representing both parties, he withdrew from representation of the defendant but continued to represent the witness. By that time the attorney had received hundreds of pages of discovery and had numerous confidential conversations with the defendant, including material that the witness could have used to conform his testimony to other evidence in order to make it more believable. The witness—a convict himself—had agreed to testify against the defendant in exchange for the prosecution’s dismissal of a separate attempted murder charge against the witness.
Aaron Spolin, who is admitted to practice in front of the United States Supreme Court, submitted the petition and is the primary attorney on the case.
To contact the firm about a criminal appeals or post-conviction matter, call us at (310) 424-5816.