State v. Tyrus Lee Cooper

REBECCA FRANK DALLET, J. (dissenting).

¶36 In determining that Attorney Michael J. Hicks violated the Rules of Professional Conduct for Attorneys in his representation of Mr. Cooper, we accepted and relied upon the referee's factual findings. The referee found that during the 10 months leading up to the trial date on which Mr. Cooper entered his guilty plea, Attorney Hicks failed to consult with Mr. Cooper regarding trial strategy and preparation and failed to provide Mr. Cooper with requested discovery.1 We agreed with the referee that the factual findings support the conclusion that Attorney…