Williams v. State Of Delawar

805 A.2d 880 (2002)

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Nature of the Case

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Facts

D was convicted and sentenced to death sentence for first-degree murder. Bernard J. O'Donnell, D's lawyer, has filed a motion to withdraw. The motion also requests that substitute counsel be appointed to represent Williams on appeal. O'Donnell asserts that D could raise an arguable issue that the Superior Court erred when it concluded it was required to give 'great weight' to the jury's 10-2 recommendation in favor of the death penalty. O'Donnell contends he may have a conflict in presenting this argument because he has advocated a contrary position on behalf of a different client in another capital murder appeal pending before this Court. In Garden v. State O'Donnell argued in his opening brief that the Superior Court erred when it failed to give great weight to the jury's 2-10 vote rejecting the imposition of the death penalty for Garden. O'Donnell presents that he is in a Catch 22 where his representation of both clients on this issue could create an outcome where unfavorable precedent will be created for one client or the other. O’Donnell contends that his own credibility will be diminished as well and that he cannot remain loyal to both clients.