K|B|N has won a reversal of a trial judge’s decision to only permit
one defense attorney at the counsel table for a rape trial.
Our client was indicted for rape. We entered a Not Guilty and prepared
for a jury trial. Two weeks before trial, the judge ordered that our client
could only have one lawyer with him during trial, not both Mr. Koffel
and Mr. Brininger, due to COVID restrictions.
We appealed. The Court of Appeals reversed concluding this rule violated
our client’s constitutional right to counsel of his own choosing
at trial. (State v. K.B., 2021).