State v. Duncan

SACKETT, Judge.

We address defendant’s claim on direct appeal that he was denied effective assistance of trial counsel because his attorney was ethically precluded from effective cross-examination of a material State’s wit ness because defendant’s attorney had represented the witness in a recent criminal action and was foreclosed from certain areas of cross-examination because of the witness’s refusal to waive the attorney-client privilege. We determine the issue cannot be addressed on this record. We remand to the district court.

Defendant was charged and convicted of two offenses. The first,…