State v. Medibus-Helpmobile, Inc.

While I join the majority with regard to Medibus, Olsen, and the evidentiary issues, I must respectfully dissent as to the validity of appellant Rivers’ waiver of separate counsel. Because I believe Rivers was prejudiced by the trial court’s failure to obtain an adequate waiver of Rivers’ right to separate counsel, I would reverse his conviction and remand for a new trial.

The supreme court has long expressed “strong disapproval of dual representation.” State v. Wilson, 294 Minn. 501, 502, 200 N.W.2d 185, 187 (1972). The court has noted the “severe” risk of a conflict of interest, enumerated…