Is there any conflict of interest between a defendant and Attorney Gazzigli?

California, United States of America


The following excerpt is from People v. Woods, No. C058687 (Cal. App. 5/6/2010), No. C058687. (Cal. App. 2010):

Here, it may be argued that defendant accepted the risk of conflict. After defendant was informed of the potential conflict, defendant insisted on Attorney Gazzigli's representation when he moved to withdraw as counsel. Defendant never objected so the trial court did not know of a potential conflict and was thus not obligated to inquire. (Cuyler v. Sullivan (1980) 446 U.S. 335, 346-347 [64 L.Ed.2d 333, 345-346].) On this record, it is unclear what more, if anything, defendant was told about the potential conflict and whether he expressly waived it. In any event, defendant's claim must be rejected.

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