What is the test for a waiver of a defendant's right to counsel without disclosing a conflict of interest?
California, United States of America
The following excerpt is from People v. Bonin, 254 Cal.Rptr. 298, 47 Cal.3d 808, 765 P.2d 460 (Cal. 1989):
Before it accepts a waiver offered by a defendant, the trial court need not undertake any "particular form of inquiry ..., but, at a minimum, ... must assure itself that (1) the defendant has discussed the potential drawbacks of [potentially conflicted] representation with his attorney, or if he wishes, outside counsel, (2) that he has been made aware of the dangers and possible consequences of [such] representation in his case, (3) that he knows of his right to conflict-free representation, and (4) that he voluntarily wishes to waive that right." (People v. Mroczko, supra, 35 Cal.3d at p.
Page 315
When in violation of its duty the trial court fails to inquire into the possibility of a conflict of interest or fails to adequately act in response to what its inquiry discovers, it commits error under Wood v. Georgia, supra, 450 U.S. 261, 101 S.Ct. 1097. (Id. at p. 272, 101 S.Ct. at p. 1103.)
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