MOORMAN v. THREADGILL

No. 85-91.

462 So.2d 573 (1985)

James Marion MOORMAN, Public Defender, Tenth Judicial Circuit, and Joseph Wade Nelson, Petitioners, v. Honorable Edward F. THREADGILL, Jr., Circuit Judge, Polk County, Respondent.

District Court of Appeal of Florida, Second District.

January 18, 1985.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Thomas A. Munkittrick, Jr., Asst. Public Defender, Bartow, for petitioners.

Jim Smith, Atty. Gen., Tallahassee, and Theda James Davis, Asst. Atty. Gen., Tampa, for respondent.


PER CURIAM.

It appearing from the unrefuted allegations of the Petitioner Public Defender that Petitioner Nelson will be prevented from pursuing plea negotiations requested by him because of information he desires to disclose that may be detrimental to another client of the Public Defender, certiorari is granted.

While the state contends that no actual conflict has been demonstrated, in this case, the very possibility of conflict is preventing the Public Defender...

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