State v. Peeler

Summary

The court held that an indigent defendant whose chosen attorney was improperly disqualified is entitled on remand only to a new trial and to representation by that attorney if the attorney remains willing and able to serve under mutually acceptable financial terms. Because the defendant's former attorney would not accept assigned-counsel rates and the state was not required to pay his private fees, the trial court properly denied the defendant's funding motion and proceeded with assigned counsel. The judgment was affirmed.