David the Defendant was charged with Armed Burglary. Initially, the public defender represented defendant, but later alternate defense counsel (ADC) represented him after the public defender withdrew due to a conflict. Defendant filed several pro se motions alleging ADC did not: •know the Korean language or customs •did not spend a reasonable amount of time on his case •was lazy •did not succeed in getting the district attorney to drop any of the charges and thus had not tried hard enough •recommended defendant consider the district attorney’s plea bargain offer that would have resulted in forty-five years in prison •voiced concerns regarding the likelihood of success at trial. Consequently, defendant requested removal of ADC and new representation. The Judge refused to grant Defendant’s motion unless he was willing to hire his own attorney. David argued a criminal defendant has a constitutional right to representation by counsel that is free from conflicts of interest. Therefore, the Court must appoint him a new lawyer paid by the State under Gideon v. Wainwright. David maintained that his indigent status prevented him from affording an attorney who could competently represent a Korean-speaking defendant and therefore present a more aggressive defense. In no more than 1 page, explain some of the legal issues in the above case. What should the court consider in expanding the accommodation of a defendant like David? What case would you present if you were David’s Appellate lawyer? See: Yoobang Kim v. Falk, No. 12-CV-01419-CMA, 2013 WL 2634710 (D. Colo. June 11, 2013)
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