What is the test for reversal of a criminal verdict when there is a conflict of interest?

California, United States of America


The following excerpt is from People v. Woodruff, 235 Cal.Rptr.3d 513, 421 P.3d 588, 5 Cal.5th 697 (Cal. 2018):

to him. " 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. " ( People v. Rices (2017) 4 Cal.5th 49, 65, 226 Cal.Rptr.3d 118, 406 P.3d 788.)

"Determining whether counsel's performance was "adversely affected" ... "requires an inquiry into whether counsel pulled his punches, i.e., whether counsel failed to represent defendant as vigorously as he might have, had there been no conflict. [Citation.] In undertaking such an inquiry, we are ... bound by the record. But where a conflict of interest causes an attorney not to do something, the record may not reflect such an omission. We must therefore examine the record to determine (i) whether arguments or actions omitted would likely have been made by counsel who did not have a conflict of interest, and (ii) whether there may have been a tactical reason (other than the asserted conflict of interest) that might have caused any such omission." [Citation.] " ( People v. Rices, supra, 4 Cal.5th at p. 65, 226 Cal.Rptr.3d 118, 406 P.3d 788.)

[5 Cal.5th 740]

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