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STATE v. DAVIS

840 A.2d 279 (2004)

366 N.J. Super. 30

STATE of New Jersey, Plaintiff-Appellant, v. James DAVIS, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Yuri Jones, Defendant-Respondent. State of New Jersey, Plaintiff-Appellant, v. Michael Gore, Defendant-Respondent.

Superior Court of New Jersey, Appellate Division.

Decided January 16, 2004.

Attorney(s) appearing for the Case

Kimberly Lacken, Assistant Prosecutor, Mercer County, argued the cause for appellant (Joseph L. Bocchini, Jr., Mercer County Prosecutor, attorney, Ms. Lacken on the brief).

Gerald Boswell, Toms River, argued the cause for respondents (Yvonne Smith Segars, Public Defender, attorney, Gerald Boswell and Robert J. Konzelmann, Assistant Deputy Public Defender, on the brief).

Mark Paul Cronin, Trenton, argued the cause for amicus curiae the Attorney General of the State of New Jersey (Peter C. Harvey, Attorney General, Mr. Cronin on the brief).

Before Judges STERN, LEFELT and PAYNE.

The opinion of the court was delivered by

PAYNE, J.A.D.

This appeal raises the novel issue of whether a former public defender, Gerald Boswell, now retained by the Office of the Public Defender (OPD) as a pool attorney to represent two defendants in separate capital murder proceedings and another defendant charged with non-capital murder, must be disqualified from that representation because he has sued the OPD and...

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