Brothers lawyer married prosecutor 1 yr after plea deal

[geo_han]

What is the name of your state (only U.S. law)? Happened in Nebraska

I just found out the lawyer that represented my brother in a plea deal married the state lawyer. Does he have a chance to have his conviction vacated or overturned?

 

[quincy]

What is the name of your state (only U.S. law)? Happened in Nebraska

I just found out the lawyer that represented my brother in a plea deal married the state lawyer. Does he have a chance to have his conviction vacated or overturned?

Based on a conflict of interest? Possible (but perhaps not probable).

Attorneys take their professional responsibilities seriously. Even though attorneys (defense attorneys, prosecutors, judges) will often socialize or appear at social events together, they will not discuss their active cases with each other. They value their licenses.

For Nebraska's Rules of Professional Conduct, Confidentiality Rule 1.6, Conflict of Interest Rule 1.7, Conflict of Interest Rule 1.8: http://www.law.cornell.edu/ethics/ne/code/NE_CODE.HTM

The following is a link to Nebraska Ethics Opinion 08-01, which also discusses Formal Opinion 78-9, on attorney client representation when there is a close relationship between the defense attorney and the county attorney (you will want to read through the entire Opinion - do not stop at the top):
http://supremecourt.ne.gov/sites/supremecourt.ne.gov/files/ethics/lawyers/08-01.pdf

Although one year is a short period of time, your brother could have difficulty showing any serious relationship existed between his attorney and the county attorney at the time of his plea deal, and that it affected his case adversely. Your brother can review his case with an attorney in his area.

 

[NellieBly]

Sounds like Matlock and that pretty DA

 

[quincy]

Sounds like Matlock and that pretty DA

Matlock never had an unhappy client looking to get a conviction overturned, though, thanks to evidence that was always somehow overlooked by the pretty DA.

 

[HighwayMan]

Matlock never had an unhappy client looking to get a conviction overturned, though, thanks to evidence that was always somehow overlooked by the pretty DA.

Ain't love grand?

 

[schouvler15]

Doubtful

Sounds like you may be able to file an ethics complaint but that's probably it if anything. In order to do anything you'd need proof there was a clear conflict of interest, a relationship doesn't do that. For instance if your brother was looking at 5 years with a decent of evidence against him, a 1 year plea is definitely arguably in his best interest. Simply dating a prosecutor doesn't make him/her guilty of anything. Bet it'd be quite difficult to prove. Might want to ask yourself if you truly think it was or you're pulling at straws for your brother.

 

[Ohiogal]

Sounds like you may be able to file an ethics complaint but that's probably it if anything. In order to do anything you'd need proof there was a clear conflict of interest, a relationship doesn't do that. For instance if your brother was looking at 5 years with a decent of evidence against him, a 1 year plea is definitely arguably in his best interest. Simply dating a prosecutor doesn't make him/her guilty of anything. Bet it'd be quite difficult to prove. Might want to ask yourself if you truly think it was or you're pulling at straws for your brother.

No, OP cannot file an ethics complaint. OP cannot do anything. And what evidence is there that the prosecutor and defense attorney were dating at the time of OP's brother's plea deal?

 

[cbg]

What is the name of your state (only U.S. law)? Happened in Nebraska

I just found out the lawyer that represented my brother in a plea deal married the state lawyer. Does he have a chance to have his conviction vacated or overturned?

ONLY if there is some actual evidence that (1) they had a relationship at the time of your brother's plea deal AND (2) that there was actual harm done to your brother's case as a direct result of that relationship

 

[schouvler15]

Try reading what i said.

And what evidence is there that the prosecutor and defense attorney were dating at the time of OP's brother's plea deal? Why would you ask me that? Like I said seems unlikely anything comes from this, his attorney can file an ethics complaint, a relationship doesn't prove a conflict. Even if they were dating, which I clearly don't know.

 

[Just Blue]

And what evidence is there that the prosecutor and defense attorney were dating at the time of OP's brother's plea deal? Why would you ask me that? Like I said seems unlikely anything comes from this, his attorney can file an ethics complaint, a relationship doesn't prove a conflict. Even if they were dating, which I clearly don't know.

Try READING what YOU posted.

 

[Just Blue]

Sounds like you may be able to file an ethics complaint but that's probably it if anything. In order to do anything you'd need proof there was a clear conflict of interest, a relationship doesn't do that. For instance if your brother was looking at 5 years with a decent of evidence against him, a 1 year plea is definitely arguably in his best interest. Simply dating a prosecutor doesn't make him/her guilty of anything. Bet it'd be quite difficult to prove. Might want to ask yourself if you truly think it was or you're pulling at straws for your brother.

In case you "forgot" your own wording.

 

[quincy]

Sounds like you may be able to file an ethics complaint but that's probably it if anything. In order to do anything you'd need proof there was a clear conflict of interest, a relationship doesn't do that. For instance if your brother was looking at 5 years with a decent of evidence against him, a 1 year plea is definitely arguably in his best interest. Simply dating a prosecutor doesn't make him/her guilty of anything. Bet it'd be quite difficult to prove. Might want to ask yourself if you truly think it was or you're pulling at straws for your brother.

There was not a 1 year plea deal, by the way. The brother's lawyer married the prosecutor 1 year AFTER the plea deal.

 

[tranquility]

Even if....what is it that is wanted? Removing the plea deal will not get rid of the underlying crime(s) and the evidence against him.