[Download] "Smith v. Anderson" by United States Court Of Appeals For The Sixth Circuit " eBook PDF Kindle ePub Free
eBook details
- Title: Smith v. Anderson
- Author : United States Court Of Appeals For The Sixth Circuit
- Release Date : January 13, 1982
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
Petitioner, Donald Smith, individually and through his attorney, objected to the Wayne County Prosecutors day-of-trial motion to consolidate his case with that of another defendant, Abraham Allen, charged with the same offense and represented by the same court-appointed attorney. Smiths appointed counsel, Jerrold Sherman, represented to the court that he could not effectively represent both Smith and Allen in a joint trial due to the risk of conflicting interests between the two defendants. The district court held that by requiring joint representation at the consolidated trial over petitioners timely objection, Smith was denied effective assistance of counsel. District Judge Avern Cohn ordered the writ of habeas to issue unless the state voluntarily determined to retry Smith before a date certain. Smith v. Anderson, 505 F. Supp. 642 (E.D. Mich. 1980). We affirm.