State Ex Rel. Horn v. Ray

The majority concludes Respondent abused his discretion in fading to grant Relator’s (“the Prosecutor”) motion to disqualify Counsel, finding that defendant and his wife could not have validly consented to the alleged conflict of interest created by Counsel’s representation of them both. This conclusion effectively assumes wife, as an alleged victim of domestic assault, loses her ability to make her own choices. It also denies defendant counsel of his choosing. Based upon the abuse of discretion standard of review, whether defendant and his wife could validly consent to the conflict of…