Is there a conflict of interest between a defendant and his trial counsel?

California, United States of America


The following excerpt is from People v. Beamone, B203827 (Cal. App. 8/29/2008), B203827 (Cal. App. 2008):

Beamone further contends "the conflict of interest came in to play when [trial counsel] just pops up the day of preliminary hearing wanting to take me to [trial] and so on without us ever meeting or talking about my case or fileing [sic] any motions I brought up or she should bring up." Viewed generously, this is an extension of his ineffective assistance of counsel argument, which we have already rejected. In any event, it is not the case that Beamone never met or talked to trial counsel. Beamone himself points to discussions he had with her about potential motions and trial strategy. An irreconcilable conflict leading to ineffective representation does not arise merely because the defendant disagrees with counsel over reasonable tactical decisions. (See People v. Lara (2001) 86 Cal.App.4th 139, 151.)

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