United States v. Ewing
United States Court of Appeals for the Seventh Circuit
979 F.2d 1234 (7th Cir. 1992)
Police searching Henry Ewing's (defendant's) home found cocaine and notebooks containing incriminating information, which were introduced at trial bearing Ewing's name. Ewing's attorney, Schooley, and her paralegal, Stottlar, had examined the same notebooks about six weeks before trial; Stottlar testified that Ewing's name was not on the notebooks at that earlier time. The trial judge let Stottlar testify to this but refused to let Schooley, Ewing's own attorney, give the same testimony. Ewing was convicted of drug trafficking and appealed, arguing Schooley should have been allowed to testify as well.
Whether a lawyer may act as both a witness and a party's counsel in the same case.