Brass v. State

The Supreme Court reversed Appellant's conviction of multiple child sexual assault and abuse counts, holding that the district court's decision denying Appellant's motion to substitute counsel violated his Sixth Amendment right to counsel.

In this twenty-two-count criminal matter Appellant retained Mitchell Posin as defense counsel. On the eve of trial, Appellant filed a motion to substitute counsel, alleging that Posin failed adequately to prepare the defense. The district court denied the motion, and a jury convicted Appellant of most of the counts. The Supreme Court reversed, holding (1) the district court applied the wrong test in deciding Appellant's motion to substitute counsel because Posin was retained, not appointed; and (2) under the appropriate test, the district court abused its discretion by denying the motion to substitute counsel.