What is the test for a claim of conflict of interest under the California Constitution?

California, United States of America


The following excerpt is from People v. O'Malley, 199 Cal.Rptr.3d 1, 365 P.3d 790, 62 Cal.4th 944 (Cal. 2016):

performanceas opposed to a mere theoretical division of loyalties.' [Citation.] Under the federal precedents, which we have also applied to claims of conflict of interest under the California Constitution, a defendant is required to show that counsel performed deficiently and a reasonable probability exists that, but for counsel's deficiencies, the result of the proceeding would have been different." (People v. Gonzales and Soliz (2011) 52 Cal.4th 254, 309310, 128 Cal.Rptr.3d 417, 256 P.3d 543.)

Other Questions


Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
How have courts treated a claim of deficient performance in the context of a conflict of interest claim? (California, United States of America)
What constitutes a "claim" under the Tort Claims Act? (California, United States of America)
Does a defendant have a conflict of interest in presenting a conflicting mental state defense? (California, United States of America)
What are the procedural requirements of a tort claim under the California Tort Claims Act for damages arising out of contract? (California, United States of America)
When will the District Attorney's interest in the case be considered a conflict of interest? (California, United States of America)
In what circumstances will a federal equal protection claim be successful against a state constitutional claim? (California, United States of America)
How have the courts dealt with a defendant's claim that his trial attorney had a conflict of interest? (California, United States of America)
What is the difference between the California Constitution and the California Assistance of Counsel provisions in criminal cases? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.