What is the test for appointing a public defender to represent a defendant in a criminal case?
California, United States of America
The following excerpt is from People v. Kendall, A152656 (Cal. App. 2020):
This last point is telling. "[W]hen a trial court knows . . . that defense counsel and the client may have a conflict of interest, it must inquire into the matter." (People v. Seaton (2001) 26 Cal.4th 598, 642.) Here, the trial court knew of the conflict between defendant and the public defender, yet it made no inquiry. The only possible explanation for this omission is that the court had no ethical qualms about appointing ADO Rhoades to represent defendant.
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