When two codefendants who have possible conflicting interests are jointly represented at trial, what is the current state of the law on cross-dressing?

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):

"When codefendants who have possible conflicting interests are jointly represented at trial such counsel may be inhibited from producing evidence or from arguing matters or by objecting to the introduction of evidence which may be exculpatory as to one of his clients because such a course may be prejudicial to another of the codefendants. The very failure to produce or emphasize such information, moreover, produces a void and results in a record which shields the fact of any possible conflict and makes it difficult to demonstrate on appeal that a conflict did in fact exist." (People v. Cook supra, 13 Cal.3d at p. 670, 119 Cal.Rptr. 500, 532 P.2d 148.)

This rule recognizes that the right to counsel guaranteed by section 15 of article I to our Constitution "contemplates the service of an attorney devoted solely to the interests of his client" (see United States ex rel. Hart v. Davenport (3d Cir. 1973) 478 F.2d 203, 209), providing an appellate burden which is commensurate with ferreting out violations of that obligation.

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