This conclusive ruling by Judge Marvin Pope caps off a week of big developments in the Matthew Fenner case. Friday, the ruling was made public on rccatalyst.com. Judge Pope granted the State’s motion for disqualification of all attorneys affiliated with Tomblin, Farmer and Morris (TFM). The attorneys listed on the TFM website include Joshua Farmer, Andrea Farmer, Mark Morris and Caleb Farmer. This ruling bars them from representing in any manner in the defense of any of the five defendants.
From the rccatalyst.com article, “The representation of five co-defendants in this cause of action (now four co-defendants) is a concurrent conflict of interest which exists and cannot effectively be waived by a defendant absent knowledge of what a co-defendant may testify on behalf of the State against the remaining co-defendants.”
Additionally, from the ruling, “This disqualification of an attorney does not mean that the attorney has violated a specific disciplinary rule.”
In granting the motion the judge also requested the District Attorney to “calendar a court date for the Court to advise the remaining defendants of their right to counsel, either appointed or a waiver of their right co counsel.”
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