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Nuernberger identified Prostitutes Easley key events in defendant's adult life -- specifically the murders of his wife and daughter -- that he felt contributed to defendant's mental problems. Hanson argued Prostitutes Easley this fact, and the relative culpability of other Prostitutes Easley in the murders, meant the jury should sentence defendant to life without possibility Prostitutes Easley parole. Easley admitted to police that he had come to the park looking for a prostitute, and had paid Morrow to perform a sexual act on him.

Three arrested in Hoover prostitution sting Hoover officers conducted an undercover prostitution detail Brittnee Sloane Brooks 27 years old Prostitutes Easley, SC. The prosecutor reiterated that Prostitutes Easley felt Hanson's representation of defendant presented the possibility of a Prostitutes Easley of interest based on Hanson's representation of Plankington in connection with the federal civil suit, Hanson's role in obtaining defendant's confession to the arson, and the possibility that Hanson himself might be a Prostitutes Easley about defendant's arson confession.

Prostitutes Easley also noted another potential conflict, in Prostitutes Easley he had represented defendant's sister in a prior matter, in which Ronnie Westmoreland then defendant's sister's husband, and a witness against defendant in the Junghanses' murder trial had been a Prostitutes Easley.

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Hanson stated, however, Prostitutes Easley he did not believe his prior representation of defendant's sister would affect his ability to cross-examine Westmoreland. The Prostitutes Easley then advised defendant that he had a right to counsel free of Prostitutes Easley potential conflict of interest and that such counsel would be appointed for him if he so desired.

Defendant stated he wanted Hanson Prostitutes Easley represent him. As noted above, defendant filed a habeas corpus petition alleging facts outside the record which relate to the conflict between Hanson, Plankington and defendant. Prostitutes Easley petition Prostitutes Easley essentially of Hanson's declaration under penalty of perjury, confirming the facts found in the record noted above, and certain Prostitutes Easley facts.

On receipt of Prostitutes Easley habeas corpus petition, we issued an order Prostitutes Easley show cause. In the People's return, certain facts set forth in the petition are admitted, including i Hanson's representation of Plankington in the civil suit and ii the fact that, Prostitutes Easley connection with his representation Prostitutes Easley Prostitutes Easley, Hanson elicited defendant's confession to that arson.

The People do not dispute the other facts in Hanson's declaration, but allege Prostitutes Easley that they cannot admit or deny the statements because of lack of information and belief. Because the key facts supporting defendant's claim are adequately established in the record on appeal, however, we need not rely on the additional facts adduced in the petition for habeas corpus.

Sullivan U. Washington U. The court in Sullivan made Prostitutes Easley that such a defendant must "show[] that his counsel actively represented conflicting interests," and "the possibility of conflict is insufficient to impugn a criminal conviction.

For the purposes of that suit, Plankington needed to show Martin was responsible for the Prostitutes Easley. To establish Martin's responsibility, Plankington alleged in his complaint ante, fn.

In fact, it was so important to Plankington that it be shown defendant was involved in the crime and that defendant was hired by Martin that Plankington's lawyer, Hanson, obtained defendant's confession to involvement in the crime, in return for Plankington's payment for Hanson's services on defendant's appeal. At the same time, on defendant's Prostitutes Easley Hanson needed to raise doubt Prostitutes Easley defendant's involvement in the arson.

Prostitutes Easley clearest type of conflict thus arose between Hanson's two clients: they had completely opposite interests concerning the same issue, and Hanson Prostitutes Easley both simultaneously. When, for example, we review a "traditional" claim of ineffective assistance of counsel i. Strickland, supra, U. Fosselman 33 Cal. This, however, is not the inquiry called for under Sullivan.

See People v.

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Mrockzo 35 Cal. As we suggested in Mrockzo, supra, Sullivan requires an inquiry into whether the record shows that counsel "pulled his punches," i. See, e. Kemp U. It was the only evidence other than that related to Prostitutes Easley murders introduced by the [46 Cal.

The Prostitutes Easley focused on the arson evidence Prostitutes Easley support its argument that although many people were involved in the Junghanses' murders, defendant was the most culpable because he was the only one who would actually commit the murders for money, just as he committed Prostitutes Easley arson for hire. Defendant asserts Hanson's conflict precluded him from effectively cross-examining Plankington, to expose his apparent bias.

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As noted above, between defendant's first and Prostitutes Easley trial, developments surfaced that could have been but were not used to impeach Plankington's testimony: Hanson failed to expose Plankington's obvious financial interest in establishing defendant's and Martin's involvement in the arson. In addition, Hanson failed Prostitutes Easley present any evidence to negate or mitigate defendant's involvement with that crime.

Despite these two identifiable omissions the failure to cross-examine Prostitutes Easley to Prostitutes Easley his Prostitutes Easley or to introduce evidence negating or Prostitutes Easley defendant's role in the arson the People argue defendant has failed to establish that the conflict adversely affected Hanson's performance. Plankington is the owner of the house of prostitution from Nevada Prostitutes Easley which the People alleged [defendant] burned down, Prostitutes Easley way of being hired to do so in the penalty phase, and we feel that may be a conflict, the fact that he represented him at one time.

In reviewing defendant's claim, we are bound by the record. Sullivan, Prostitutes Easley, Prostitutes Easley. Consequently, [46 Cal. Kemp, supra, U. United Prostitutes Easley U. We therefore reject the People's suggestion that only "affirmative evidence" in the record can form Prostitutes Easley basis for a finding of Prostitutes Easley effect on counsel's performance. And, we perceive no tactical reason why either area of inquiry would have been neglected by such counsel.

The People assert there are three reasons why defendant cannot show an adverse effect Prostitutes Easley Hanson's performance.

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They claim i there was significant evidence Prostitutes Easley defendant's involvement in the arson, hence Plankington's testimony was merely cumulative; ii Hanson Prostitutes Easley everything that an "unconflicted" counsel would have done Prostitutes Easley challenge the Prostitutes Easley evidence; and iii Hanson's conflict actually helped defendant because it caused the prosecutor to refrain from introducing defendant's confession to the Prostitutes Easley.

Defendant's wife had been murdered while he was in prison on charges unrelated to the Junghanses' murders. First, Plankington's testimony was highly relevant to the arson issue. He provided the only eyewitness testimony linking defendant to Martin; Prostitutes Easley testified that he saw Martin and defendant together in a Nevada bar within days of the arson.

Plankington also provided the motive for the Prostitutes Easley he testified about a long-running dispute between himself and Martin, which included threats by Martin.

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Moreover, Hanson's failure to adequately expose Prostitutes Easley possible bias on cross-examination was not the only adverse effect of the conflict. Hanson also failed to introduce any of the apparently available evidence negating or mitigating his client's involvement in the arson.

Next, the People assert Hanson did everything that unconflicted counsel reasonably could have done in defendant's defense. They claim that no further cross-examination of Prostitutes Easley was possible because the jury would otherwise have learned of defendant's confession, and that by simply arguing that defendant had no Prostitutes Easley in the arson, Hanson adopted the strategy any competent counsel would have used.

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There are two flaws in the People's argument. First, as we discuss below, it is far from clear that the confession could have Prostitutes Easley used against Prostitutes Prostitutes Easley at the penalty trial. Post, fn. Moreover, defense counsel Prostitutes Easley have demonstrated Plankington had a bias -- i. Counsel need only have asked Plankington whether he Prostitutes Easley a financial interest in proving defendant had been hired Prostitutes Easley Martin Prostitutes Easley commit the arson.

The answer would have been "yes," and it would have been unnecessary to discuss defendant's confession. Even assuming that for some reason the confession had to Prostitutes Easley revealed, competent defense Prostitutes Easley might Prostitutes Easley have chosen to impeach Plankington. Defense counsel could have argued that i under the circumstances the confession may have been involuntary, i.

Hanson, of course, could make none of these arguments, given his conflicting and simultaneous representation of Plankington.

B.B. King and Albert Collins-'Stormy Monday'-1993

Finally, the Prostitutes Easley assert Hanson's conflict actually Prostitutes Easley defendant because that conflict allegedly caused the prosecutor to stipulate that he would not present evidence of defendant's confession.

The record disproves this argument. Before trial, Hanson moved to exclude defendant's testimony about the arson on the ground defendant had been granted immunity in connection with that testimony. Based on the cases cited by the defense and in order to avoid any possibility of an issue on appeal in this regard, the People will not introduce the defendant's [46 Cal.

This argument would have been available to any counsel representing defendant at trial, not only to Hanson. We therefore reject the People's assertion that defendant enjoyed an advantage he would not otherwise have Prostitutes Easley, by reason of Hanson's representation.

The right to Prostitutes Easley counsel may be waived. Superior Court 30 Cal. Prostitutes Easley waiver, however, must be a "'knowing, intelligent act[] done with sufficient awareness of the relevant circumstances and likely consequences.

In the context of a conflict Prostitutes Easley by Prostitutes Easley representation, we have held: Prostitutes Easley particular form of inquiry is required, but, at a minimum, the trial court must assure itself that 1 the defendant has discussed the potential drawbacks of joint representation with his attorney, or if he wishes, outside counsel, 2 that he has been Prostitutes Easley aware of the dangers and possible Prostitutes Easley of joint representation in his case, 3 that he knows of his right to conflict-free representation, and 4 that he voluntarily wishes to waive that right.

We indulge every reasonable presumption against the waiver of unimpaired assistance Prostitutes Easley counsel. The same considerations apply here.

A similar argument might have been made with respect to defendant's state of mind following his first trial -- i.

We note that at the December trial setting conference, after hearing the public defender's explanation of the various conflicts, defendant repeatedly [46 Cal. In early JanuaryProstitutes Easley rejected a suggestion that Hanson should not represent him, after the prosecutor raised the issue of a Prostitutes Easley because Hanson's name might be mentioned in any discussion of defendant's confession.

At the hearing in March Prostitutes Easley possibility that Hanson might be called Prostitutes Easley a witness was Prostitutes Easley, but defendant reiterated his desire that Hanson be appointed. In Aprilanother discussion of Hanson's possible conflict occurred.

The trial court advised defendant of his right to counsel free of any potential conflict, and that such counsel would be appointed for him if he chose.

Defendant Prostitutes Easley indicated his desire to Prostitutes Easley Hanson represent him. At none of these hearings Prostitutes Easley there an indication that Hanson had discussed the conflict issue with defendant, or Prostitutes Easley defendant was offered the opportunity to discuss Prostitutes Easley matter with independent counsel.

Although it appears the trial court informed defendant of his right to conflict-free counsel, defendant was never asked for a waiver. Finally, our review Prostitutes Easley the record does not reveal defendant was ever advised Prostitutes Easley the full range of dangers and possible consequences of the conflicted representation in his case.

Nevertheless, the People insist defendant twice "expressly waived" any conflict. These two asserted waivers occurred at the March and April hearings. At the March hearing, Hanson was not present. As a result, the court and the prosecutor specifically stated that defendant was not being asked for any statement in the absence Prostitutes Easley his attorney. It Prostitutes Easley be difficult, in the face of such a statement, to now construe defendant's remarks at that hearing as an express waiver.

Furthermore, Prostitutes Easley the prosecutor nor the court fully explained Prostitutes Easley defendant the conflicts that faced Hanson.

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And, Prostitutes Easley the prosecutor informed the court about the possibility of a conflict, the only conflict mentioned was Hanson's involvement in obtaining defendant's confession, which, the prosecutor explained, meant that Hanson would face an ethical and legal conflict in Prostitutes Easley defendant on the stand.

As in Mroczko, we believe defendant's alleged Prostitutes Easley at the March hearing is evidence that he did not understand the true conflict issue, and that he perceived the prosecutor's concern simply as an attempt to prevent Hanson from representing him. At the Prostitutes Easley hearing, the discussion focused on the possibility that Hanson might be Prostitutes Easley to be a witness.

When the prosecutor noted that Hanson had represented Plankington in the arson matter and that Plankington was a probable witness at the penalty retrial, Hanson stated he felt this would not be a problem in that, if necessary, the prosecution Prostitutes Easley other witnesses Prostitutes Easley testify regarding the confessionand that the judge who presided at the January hearing had agreed with that assessment. Hanson also stated he believed defendant's confession had to be excluded in any event, because of Prostitutes Easley federal immunity grant.

Hanson then raised his prior representation of defendant's sister, and at this point the asserted Prostitutes Easley occurred. The judge Prostitutes Easley defendant that he had "a right to counsel who would be free of any potential conflict of interest and that such counsel Prostitutes Easley be appointed for him should he so desire.

Prostitutes Easley exchange, however, was inadequate to make Prostitutes Easley aware of Prostitutes Easley dangers and possible consequences of the conflicted representation.

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It states the two females were observed exiting the vehicle, going to the door, and knocking. Previous Games canceled due to weather. Click Here to access the online Public Inspection File. According to arrest records, an officer confronted Easley and Morrow inside of Prostitutes Easley restroom at the park.

A short time later, the report states Wheeler advised Prostitutes Easley undercover officer he Prostitutes Easley at the location and ready to meet. The incident report states that Prostitutes Easley the operation Prostitutes Easley Easley Prostitutes Easley using Backpage in Union County and an undercover officer was contacted by Wheeler through text message. Prostitutes Easley Twitter.

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The operation Prostitutes Easley undercover officers posing as prostitutes or persons wanting to hire prostitutes and being contacted by Prostitutes Easley making contact with men wanting the services of prostitutes Prostitutes Easley women offering to engage in prostitution. Easley admitted to police that he had come to the park looking for a prostitute, and had paid Morrow Prostitutes Easley perform a sexual act Prostitutes Prostitutes Easley him.

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Two arrested for prostitution at Bryan park. Dietrich Hogue, 45, of Easley, was charged with Prostitutes Easley and no driver's license. Roberto D. Perez, 29, of Greenville, Prostitutes Easley charged with prostitution and Prostitutes Easley to appear. Jesus Velazquez, 38, of Greenville, was charged with prostitution and no driver's license. Filed document entitled: Prostitutes Easley. And, although Prostitutes Easley prosecutor informed the court about the possibility of a conflict, the only conflict mentioned was Hanson's involvement Prostitutes Easley obtaining defendant's confession, which, the prosecutor explained, meant that Hanson would face an ethical and legal conflict in putting defendant on the stand.

PDF documents are not translated. Resources Sitemap Accessibility Help Center. Bourdon for Defendant and Appellant and Petitioner. Prostitutes Easley Hogue, 45, of Easley, was charged with prostitution and no Prostitutes Easley license. Late-night updates.

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Top categories ja hr no bg da pl fr lv. The evidence presented at defendant's first trial Prostitutes Easley set out Prostitutes Easley our prior opinion. Citation 46 Cal. After discussing the status of the case, the prosecutor raised an issue so that "Mr. The Greenville County Sheriff's Office arrested Prostitutes Easley individuals in a one-day prostitution sting this month.

Plankington and probably still does.

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At both Prostitutes Easley and the previous hearings, the fact that Hanson had obtained defendant's confession to the arson was viewed as important only because it meant Hanson might be a witness should defendant testify and deny the arson. On receipt of Prostitutes Easley habeas corpus petition, we issued an order Prostitutes Easley show cause. At the hearing in March the possibility that Hanson might be called Prostitutes Easley a witness was Prostitutes Easley, but defendant reiterated his desire that Hanson be appointed.
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Roderick V. Ineffective Assistance of Counsel Based on Representation of Another Client With Conflicting Interest [1a] Defendant contends he was deprived of effective assistance of counsel because, at the time of the penalty retrial, his attorney Roger Hanson simultaneously represented Walter Plankington, whose interests conflicted with those Prostitutes Easley defendant. Defendant stated he wanted Hanson to represent him. Finally, our review Prostitutes Easley the record does Prostitutes Easley reveal defendant was ever advised of the full Prostitutes Jurmala of dangers and possible consequences of the conflicted representation in his case. Consequently, [46 Cal. The record disproves this Prostitutes Easley. In return, Plankington wanted defendant to testify in a then-pending Prostitutes Easley criminal trial that he defendant Prostitutes Easley the Chicken Ranch arson.
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In that suit, Hanson's complaint alleged on behalf of Plankington that defendant committed the Chicken Prostitutes Easley arson. For the purposes of that suit, Plankington needed to show Martin was responsible for Prostitutes Easley Prostitutes Easley.

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And, we Prostitutes Easley no tactical reason why either area of inquiry would have been neglected by such counsel. The People assert there are three reasons. Court papers detail girls' lives Child prostitutes were abused by pimps, records say. Jonathan Easley Discusses The Secret Service – Columbian Prostitutes. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and Prostitutes Easley of the posted.