Is there a conflict of interest between counsel and defendant?

California, United States of America


The following excerpt is from People v. Roldan, 110 P.3d 289, 27 Cal.Rptr.3d 360, 35 Cal.4th 646 (Cal. 2005):

Defendant contends defense counsel's views were more relevant than the trial court's assessment of whether an actual conflict existed. "A criminal defense attorney `"is in the best position professionally and ethically to determine when a conflict of interest exists or will probably develop in the course of a trial"'" (People v. Hardy, supra, 2 Cal.4th at p. 137, 5 Cal.Rptr.2d 796, 825 P.2d 781), and his or her opinion is "a significant factor when determining whether an actual conflict existed" (ibid.). But here counsel pronounced at the July 22 hearing that he simply needed additional time to repair his relationship with defendant in order to facilitate preparation of a defense, thereby implying no debilitating conflict existed. A month later, when counsel for the first time announced he was burdened by a conflict of interest as a result of defendant's threat against him, he admitted no new grounds had emerged that had not been discussed at the earlier hearing. In other words, there was no new threat. Defendant simply was refusing to communicate with counsel, hampering counsel's efforts and possibly undermining his own defense.

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