Plumlee

I. BACKGROUND

In 1991, Plumlee was charged in Nevada state court with the armed robbery and murder of Wilbur Richard Beard. Over the course of Plumlee’s representation by the Washoe County Public Defender’s Office during 1991 and 1992, a series of incidents caused Plumlee to lose confidence in the attorneys of that office. Three such incidents stand out.

First, Chief Deputy Public Defender Shelly O’Neill was a good friend of John Dewey, who was both Plumlee’s room- mate prior to his arrest and a suspect for the murder. Shortly after Plumlee’s arrest, Plumlee heard that O’Neill, who was the head trial attorney in the Public Defender’s Office, had been discussing Plumlee’s case with Dewey. Specifically, according to Plumlee’s sister, Dewey said that O’Neill had told him that Plumlee had implicated Dewey in the murder, and that O’Neill had suggested Dewey should seek legal counsel.

Second, David Allison, Plumlee’s first appointed counsel at the Public Defender’s Office, accepted a position with the District Attorney’s Office while representing Plumlee. According to Plumlee, Allison lied to him about the fact that he would be taking the job. Prior to Allison’s departure for the…