Is there any conflict of interest when the same attorney represents a defendant at trial and on appeal?

California, United States of America


The following excerpt is from People v. Young, 105 P.3d 487, 24 Cal.Rptr.3d 112, 34 Cal.4th 1149 (Cal. 2005):

Defendant submits that the inherent conflict that arises when the same attorney represents a defendant at trial and on direct appeal (see People v. Bailey (1992) 9 Cal.App.4th 1252, 1254-1255, 12 Cal.Rptr.2d 339) similarly arises when the same attorney represents a defendant on direct appeal and in habeas corpus proceedings, because habeas corpus counsel must investigate appellate counsel's performance and, if necessary, present claims of ineffective assistance of counsel.

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