How have courts treated a claim of deficient performance in the context of a conflict of interest claim?
California, United States of America
The following excerpt is from People v. Bellows, B265497 (Cal. App. 2017):
"In the context of a conflict of interest claim, deficient performance is demonstrated by a showing that defense counsel labored under an actual conflict of interest 'that affected counsel's performanceas opposed to a merely theoretical division of loyalties.' " (People v. Doolin (2009) 45 Cal.4th 390, 417.) Conflicts include situations in which an attorney's loyalty to her client are threatened by her responsibilities to her own interests. (Ibid.)
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