California, United States of America
The following excerpt is from People v. KENNETH HARVEY SHOCKMAN, D056138, D058287, No. SCD220290 (Cal. App. 2011):
We agree that where one defendant's counsel has engaged in a pattern of misconduct which prejudiced another defendant's rights, the prejudiced defendant may assert the misconduct amounted to a denial of due process. (See People v. Estrada (1998) 63 Cal.App.4th 1090, 1095-1096.) In People v. Estrada a co-defendant's counsel disregarded the trial court's orders and engaged in an egregious pattern of improperly impugning the credibility of the appellant. On appeal the court found highly improper counsel's comments on: "appellant's prior arrests, his suggestion that other evidence not presented at trial showed appellant's guilt, his suggestion appellant's failure to testify at [his client's] preliminary hearing was relevant to his credibility, his use of appellant's prior convictions to suggest appellant had a propensity to commit crimes, and his suggestion appellant's own attorney did not believe him . . . ." (Id. at p. 1106.) The extreme nature of counsel's conduct caused the court to find that appellant had been denied due process.
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