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State v. Abernathy

The trial court erred in granting a new trial based on defense counsel's conflict of interest since the defendant did not show how the conflict caused divided loyalties or compromised his attorney's representation of him.

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Samuel Mitchell Abernathy was convicted by a White County jury of the January 2008 murder of Darrin Ramey and sentenced to life imprisonment. On motion for new trial, the trial court, while rejecting most of Abernathy’s contentions, granted the motion on the sole ground that Abernathy’s public defender had rendered ineffective assistance due to a conflict of interest inhering in his representation of Abernathy. The State obtained a certificate of immediate review and filed an application for interlocutory appeal challenging the award of a new trial, which this Court granted. Abernathy then filed a cross-appeal, contesting the trial court’s rejection of his other alleged grounds for reversal. For the reasons set forth below, we find that the trial court erred in granting Abernathy a new trial and therefore reverse and remand for further proceedings in the trial court.1 S11A0314

1. The trial court granted Abernathy’s motion for new trial based on the finding that Abernathy’s public defender, Charles Brown, was employed in the same circuit public defender’s office as initial counsel for Abernathy’s co-arrestee in the case, John Geren. Geren, Abernathy’s then-romantic partner, was a witness to the altercation from which Abernathy’s conviction arose and fled the scene with Abernathy in the aftermath thereof; the two men were apprehended while fleeing and placed under arrest later on the day of the crime.

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