What is the test for a claim of a conflict of interest?

California, United States of America


The following excerpt is from People v. Heartsman, A135202 (Cal. App. 2015):

The constitutional right to assistance of counsel "includes the correlative right to representation free from any conflict of interest that undermines counsel's loyalty to his or her client. . . . 'As a general proposition, such conflicts "embrace all situations in which an attorney's loyalty to, or efforts on behalf of, a client are threatened by his responsibilities to another client or a third person or his own interests. [Citation.]' " (People v. Doolin (2009) 45 Cal.4th 390, 417.) A claim of a conflict of interest "is one variety of claim that counsel provided ineffective assistance. Hence, to obtain reversal of a criminal verdict, the defendant must demonstrate that (1) counsel labored under an actual conflict of interest that adversely affected counsel's performance, and (2) absent counsel's deficiencies arising from the conflict, it is reasonably probable the result of the proceeding would have been different. [Citations.] [] When addressing an appellate claim that a conflict of interest adversely affected counsel's performance, the reviewing

Page 31

Other Questions


How have courts treated a claim of deficient performance in the context of a conflict of interest claim? (California, United States of America)
Does a plaintiff have a conflict of interest claim against a defendant in a separate lawsuit? (California, United States of America)
Does a defendant have a conflict of interest in presenting a conflicting mental state defense? (California, United States of America)
Can a claimant bring a claim for damages against a public entity under section 946.6 of the California Claims Act for failing to act on a timely claim? (California, United States of America)
What is the test for a claim of conflict of interest under the California Constitution? (California, United States of America)
Does the privity rule apply to bind those who succeed to an interest in property where rights in the interest have been litigated to judgment by a predecessor in interest? (California, United States of America)
How have the courts dealt with a defendant's claim that his trial attorney had a conflict of interest? (California, United States of America)
Does Defendant have a valid claim to be able to claim damages from a defendant who has been found guilty of a similar claim against the Defendant? (California, United States of America)
When will the District Attorney's interest in the case be considered a conflict of interest? (California, United States of America)
Can a claim be made against a claim that there is no assumption of liability or assumption of liabilities by the claim? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.