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Criminal Law Keyed to Johnson
United States v. Ely
Facts
A district judge appointed a lawyer named Brady to represent David Ely (Defendant), an indigent defendant. Defendant requested that a lawyer named Bartley be appointed instead, as Defendant felt that he had a better relationship with Bartley. Neither Defendant nor the state proffered any evidence related to the list of counsel available for appointment. Even though Bartley was available and willing to take Defendant’s case, the judge refused to change the appointment, explaining that lawyers were appointed based on a rotation system in order to maintain organized and ordered counsel appointments and that, because Brady was a competent and experienced attorney, there was no reason to replace Brady with Bartley. Defendant appealed his conviction to the court of appeals, arguing that his rights under the Sixth Amendment had been violated when the judge refused to allow Defendant to choose his appointed counsel.
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