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STATE v. EHLERS

No. S-00-216.

631 N.W.2d 471 (2001)

262 Neb. 247

STATE of Nebraska, Appellee, v. Michael L. EHLERS, Appellant.

Supreme Court of Nebraska.

July 20, 2001.

Attorney(s) appearing for the Case

Michael N. Schirber, of Schirber Law Offices, P.C., Papillion, for appellant.

Don Stenberg, Attorney General, and Kimberly A. Klein, Lincoln, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, Justice.

Michael L. Ehlers appeals from an order of the Sarpy County District Court sustaining the State of Nebraska's motion to disqualify Michael N. Schirber, his privately retained counsel. We determine that because a criminal defendant has a Sixth Amendment interest in representation by the counsel of his or her choice, irrebuttable presumptions that we have applied in favor of disqualification in civil cases cannot be applied in a criminal case. Instead...

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