Michigan Court of Appeals Holds that Same Disqualification Rules that Apply in Civil Cases Apply to Prosecutor

Gary Davenport's was charged with sexually assaulting a student in his small Presque Isle County School. Mr. Davenport’s attorney accepted a job at the prosecutor's office during the middle of Mr. Davenport's criminal prosecution. His defense attorney never challenged this or took any efforts to make sure that the small prosecutor's office had an effective Chinese Wall in place In a unanimous opinion, the court of Appeals reversed his conviction and sent the matter back to the trial court for an evidentiary hearing where the prosecution was required to prove that there was an adequate Chinese wall in place. Here is our brief in the case:
Brief 011207