State v. Cramer

Defendant was found guilty of several drug-related offenses. At his sentencing hearing, Defendant was represented by a court-appointed deputy public defender. Privately retained counsel also appeared on behalf of Defendant and sought to substitute for the deputy public defender. Defendant's privately retained counsel requested a continuance to prepare. The circuit court denied Defendant's motion to substitution of counsel and a continuance as untimely. The court then sentenced Defendant to a term of imprisonment. The intermediate court of appeals (ICA) affirmed. The Supreme Court vacated the ICA's and circuit court's judgment, holding that the circuit court violated Defendant's constitutional right to counsel of his choice when it denied his motion for substitution of counsel and a continuance of the sentencing hearing, as the court did not properly balance Defendant's right to counsel of his choice against countervailing government interests. Remanded. View "State v. Cramer" on Justia Law