Appealing DUI on the basis of prosecutor's conflict of interest

[117329]

Ohio

Friend received a charge of ovi failure to blow in March. Was convicted on May 1 and plea bargained down to a dui and served 3 days and 1000 in fines. It was his 1st dui in 6 years punishable as a 1st though it was his 3rd.

Later research indicates the prosecutor defended him in his 3rd dui in the same court 6 years prior, later to be hired as city prosecutor.

Is this not a conflict of interest and appealable since he was defended by a prosecutor he was a former client for? Our goal is reinstatement of license which is 6months to 3years at discretion of probation officer. Since he moved to florida just before, he is serving probation out of state in cooperation with the probation officer. It is slowing the process drastically.

[Litigator]

There's probably no conflict of interest involved--the issue would most likely be whether the prosecutor gained some sort of tactical advantage over the defendant by prior confidential information received from him. In lots of places over the years people end up wearing different hats--you would have to look at the law peculiar to your jurisdiction regarding prior representation as a potential conflict of interest.

Another problem in the case is going to be whether the time for a direct appeal or post-conviction relief has run. Even if he has a valid claim he may be out of time to bring such a claim. If he's serious about it he's going to need to contact an attorney most likely in Ohio.