Rodriguez v. Montgomery

Dist. Ct. erred in granting defendant's habeas petition challenging his murder conviction on ground that trial court erroneously disqualified one of defendant's two trial counsel. While said disqualification denied defendant his right to counsel, Dist. Ct. erred in finding that instant disqualification constituted structural error requiring new trial without regard to prejudice where, as here, defendant was able to proceed to trial with one of his chosen counsel. Moreover, no reversible error occurred where defendant was unable to establish that participation of disqualified counsel would have changed either nature of defense or probability of acquittal.