What is the test for establishing a conflict of interest with counsel?

California, United States of America

The following excerpt is from People v. Dooley, 112 Cal.App.3d 103, 169 Cal.Rptr. 76 (Cal. App. 1980):

" a codefendant claiming he was denied effective assistance of counsel ordinarily need not establish that there was an actual conflict of interest, but rather it is sufficient if the record provides an adequate basis for an 'informed speculation' that there was a potential conflict of interest which prejudicially affected the defendant's right to effective counsel." (People v. Cook, supra, 13 Cal.3d at p. 670, 119 Cal.Rptr. 500, 532 P.2d 148, emphasis added.) ⁴

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