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People v. Jackson

167 Cal. App. 3d 829 (1985)

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People v. Jackson

California Court of Appeal

167 Cal. App. 3d 829 (1985)

Facts

David Jackson (defendant) was charged with assault, and the trial court appointed an unnamed attorney to represent Jackson. Unbeknownst to Jackson, the unnamed attorney and the prosecutor in Jackson’s matter had been dating since before Jackson was charged. The unnamed attorney and the prosecutor made several appearances as adversaries in Jackson’s matter, but the unnamed attorney did not breach Jackson’s confidentiality. Jackson was convicted. Jackson then apparently learned about the unnamed attorney’s continuing relationship with the prosecutor and fired the unnamed attorney. Jackson’s new attorney filed a motion for a new trial on the grounds of ineffective assistance of counsel based on the unnamed attorney’s relationship with the prosecutor. The unnamed attorney testified at the motion hearing that he did not believe that there was any possibility of a conflict of interest and therefore the relationship did not require disclosure. The trial court denied the motion, and Jackson appealed.

Rule of Law

Issue

Holding and Reasoning (Puglia, J.)

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