State v. Brown

OPINION OF THE COURT

FRED MORENO, Circuit Judge.

*108THIS CAUSE came before the court on the State’s motion to disqualify the office of the Public Defender on the ground that Honorable Joseph Durant is presently employed by the Dade County Public Defender, which has been representing the defendant on post-conviction hearing since 1975. Durant had been the Assistant State Attorney who presented the matter before the Grand Jury in 1973 which resulted in this indictment. The State admits that “it goes without saying that former Circuit Judge Durant is incapable of any impropriety.” Therefore the basis…