People v. Davenport

Michigan Supreme Court

People v. Davenport

483 Mich. 906

Procedural entryThis page is a short order in People v. Davenport. Read the opinion of the Court — 483 Mich. 906 →

Michigan Supreme Court·Decided March 18, 2008·No. No. 137419·Published

Opinion

A presumption of prejudice exists when a defendant’s former defense counsel joins the prosecutor’s office that is pursuing the case against the defendant. MRPC 1.9(b), 1.10(b). Such a presumption may be overcome, however, if the prosecutor shows that the attorney who has a conflict of interest was properly screened out from “any participation in the matter.” MRPC 1.10(b)(1). State v McClel[907]*907lan, 179 P3d 825 (Utah App, 2008), on which the Court of Appeals therefore unnecessarily relied, is fully consistent with these principles. Reported below: 280 Mich App 464.

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A presumption of prejudice exists when a defendant’s former defense counsel joins the prosecutor’s office that is pursuing the case against the defendant. MRPC 1.9(b), 1.10(b). Such a presumption may be overcome, however, if the prosecutor shows that the attorney who has a conflict of interest was properly screened out from “any participation in the matter.” MRPC 1.10(b)(1). State v McClel[907]*907lan, 179 P3d 825 (Utah App, 2008), on which the Court of Appeals therefore unnecessarily relied, is fully consistent with these principles. Reported below: 280 Mich App 464.

People v. Davenport, 483 Mich. 906 (Mich. 2008).

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Opinion

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