How have the courts dealt with a conflict of interest?

California, United States of America


The following excerpt is from People v. Mroczko, 197 Cal.Rptr. 52, 35 Cal.3d 86, 672 P.2d 835 (Cal. 1983):

In reaching this conclusion, we are fully aware that the prosecution did virtually everything in its power to bring this conflict to the attention of the [35 Cal.3d 114] court. It failed through no fault of its own but because defense counsel held all the cards and refused to provide the prosecution or the court with sufficient information. "There are ... occasions when an injustice of constitutional magnitude occurs despite what appear at the time to be the best efforts of experienced and competent judicial and prosecutorial personnel." (United States v. Gaines (7th Cir.1976) 529 F.2d 1038, 1045.)

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