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Criminal Procedure Keyed to Miller
Vermont v. Michael Brillon
Citation:
556 U.S. 81 (2009)Facts
In July 2001, Michael Brillon (defendant) was charged with felony domestic assault, and a public defender named Richard Ammons was assigned to represent him. Ammons unsuccessfully moved twice for a continuance, citing a heavy workload and the need for further investigation. In February 2002, four days before jury selection, Brillon fired Ammons. The court appointed a second attorney, but he immediately withdraw due to a conflict.
In March, Gerard Altieri was assigned as Brillon’s third attorney. In May, Brillon filed a motion to dismiss Altieri for his failure to file motions, lack of communication, and lack of diligence. Altieri also moved to withdraw because Brillon threatened his life. The same day, the court appoint Paul Donaldson as Brillon’s fourth attorney. In October, Brillon filed a motion to dismiss Donaldson on the same grounds as his motion to dismiss Altieri. In November, Donaldson revealed that his contract with the Defender General’s office had expired in June and that he needed to have Brillon’s case reassigned. Brillon’s fifth attorney was not assigned until January 2003, but he withdrew from the case in April due to modifications to his firm’s contract with the Defender General’s office.
Brillon’s sixth and final attorney, Kathleen Moore, was not assigned until June 2003. In February 2004, Moore filed a motion to dismiss for lack of a speedy trial, which the court denied. The case went to trial on June 14, 2004. Brillon was found guilty. The court denied a post-trial motion to dismiss for lack of a speedy trial.
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