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Lawyer-Client Romance No Basis for Overturning Death Sentence

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The alleged conflict of interest resulting from a romance between a defendant on trial for his life and a lawyer who defended him does not warrant overturning the death sentence, the Ninth U.S. Circuit Court of Appeals ruled yesterday.

The panel agreed with U.S. District Judge Manuel Real of the Central District of California, who declared that “[b]eing in love is not a conflict” when he denied Ricky Lee Earp’s petition for write of habeas corpus.

The judges did, however, reverse Real’s decision in part, granting Earp an evidentiary hearing on his claims that the prosecution committed misconduct by intimidating a witness who would otherwise have given favorable testimony at a hearing on Earp’s motion for a new trial, and that his defense team conducted an inadequate investigation into potential mitigating evidence for the penalty phase.

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