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).