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United States Eighth Circuit


US. v. GUTIERREZ, 02-3970

When defendant's stand-by counsel was approached by defendant's wife about her participation as a witness, the attorney was permitted under Minnesota Rule of Professional Conduct 4.3 to advise her that she should seek her own counsel, and his actions in doing so did not violate defendant's right to represent himself.

Appellate Information

  • Decided 12/18/2003
  • Published 12/18/2003

Judges

  • SMITH, Circuit Judge., Before MORRIS SHEPPARD ARNOLD, HANSEN and SMITH, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Virginia G. Villa, argued, Assistant Federal Defender, of Minneapolis, MN, for appellant.

  • For Appellees:
  • James E. Lackner, argued, Assistant U.S. Attorney, of Minneapolis, MN (Thomas B. Heffelfinger, on the brief), for appellee.
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