What is the state of the law on a claim that a defendant's relationship with an attorney is so broken that ineffective representation is likely to result in ineffective representation?

California, United States of America


The following excerpt is from People v. Elder, F060101, Super. Ct. No. F09906153 (Cal. App. 2011):

The law does not support defendant's claim. While it is true, as a general proposition, that the relevant cases recognize that in some circumstances the relationship between a defendant and an attorney may be so broken that ineffective representation is likely to result (see, e.g. People v. Abilez (2007) 41 Cal.4th 472, 487-488), it is also true that cases granting relief on that basis are extremely rare.

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