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MATTER OF SCHMIDT

No. 85-1470.

775 F.2d 822 (1985)

In the Matter of Kelli SCHMIDT, a witness before the Special April 1984 Grand Jury, Appellant.

United States Court of Appeals, Seventh Circuit.

Decided October 21, 1985.

Attorney(s) appearing for the Case

Cynthia Giacchetti, Patrick A. Tuite, Ltd., Chicago, Ill., for appellant.

Dean J. Polales, Asst. U.S. Atty., Anton Valukas, U.S. Atty., Chicago, Ill., for appellee.

Before ESCHBACH, EASTERBROOK, and RIPPLE, Circuit Judges.

EASTERBROOK, Circuit Judge.

Kelli Schmidt, 15, was called by the grand jury as a witness in an investigation that could implicate her mother in a plot to murder her father. Kelli's mother hired a lawyer to represent both of them. The prosecutor moved to disqualify Kelli's lawyer on the ground that anyone representing both Kelli and her mother has a conflict of interest and that Kelli, a minor in her mother's custody, cannot intelligently consent to such a conflict...

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