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Tag: subpoena

Ineffective assistance claims abound

Ineffective assistance claims abound

In a number of recent Utah appellate court opinions, appellants have alleged clams of ineffective assistance of counsel in varying degrees.  Under Utah law, in order to prove a claim for ineffective assistance, a defendant must prove that his or her counsel’s representation fell below an objective standard and that there is a reasonable probability that, but for his or her counsel’s unprofessional errors the result of the proceeding would have been different.  Thus, not only must a defendant show […]

Tenth Circuit: Prosecutors May Subpoena Lawyers to Testify Before a Grand Jury

Tenth Circuit: Prosecutors may subpoena lawyers to testify before grand jury

In June, the Tenth Circuit Court of Appeals, as a matter of first impression, held that a New Mexico rule of professional conduct limiting a prosecutor’s ability to subpoena a lawyer to testify about past or present clients during grand jury or other criminal proceedings was preempted by federal law.  The New Mexico defendants have petitioned for rehearing en banc, but no decision has been issued on their petition for rehearing in front of the entire Tenth Circuit. ABA Model […]