STATE v. KAWA

Nos. S-05-768, S-05-769.

708 N.W.2d 662 (2006)

270 Neb. 992

STATE of Nebraska, appellee, v. Thomas J. KAWA, appellant. State of Nebraska, appellee, v. Sean A. Flanagan, appellant.

Supreme Court of Nebraska.

January 27, 2006.


Attorney(s) appearing for the Case

Matthew T. Knoblauch, Omaha, and Stephen L. Smith for appellants.

Jon Bruning, Attorney General, and George R. Love, Columbus, for appellee.

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


GERRARD, J.

The question presented in this appeal is whether an actual and serious conflict of interest is presented in a criminal proceeding when the prosecution offers a favorable plea agreement to one codefendant, conditioned on testimony against another codefendant who is represented by the same attorney. Because there is a conflict of interest in this case requiring disqualification of defense counsel, we affirm the disqualification order entered by the district...

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