Can a co-defendant's counsel be found to have prejudiced another defendant's rights?

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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