Legal Opinion

In Re Darr

California Court of Appeal

Decided May 31, 1983No. Crim. 6575PublishedCited by 14 opinions

1Opinion of the Court

Opinion

HANSON (P. D.), J .

In this original proceeding for habeas corpus relief, we set aside petitioner Darrel Wade Darr’s 1978 conviction of first degree murder with use of a deadly weapon. We find that defense counsel’s simultaneous representation of a key prosecution witness constituted an actual conflict of interest which denied petitioner his right to effective assistance of counsel. We also agree with petitioner’s contention that under the circumstances of this case the trial court had a duty to inquire sua sponte into the possibility of conflict.

This matter previously was before us on…

2Cases cited15 opinions

  1. Glasser v. United StatesSupreme Court of the United States · 1942
  2. Cuyler v. SullivanSupreme Court of the United States · 1980
  3. Wood v. GeorgiaSupreme Court of the United States · 1981
  4. People v. PopeCalifornia Supreme Court · 1979
  5. People v. ChaconCalifornia Supreme Court · 1968

10 more not listed; retrieve them via the Exa API.

3Cited by14 opinions

  1. People v. ClarkCalifornia Supreme Court · 1993
  2. State v. MartinSupreme Court of Connecticut · 1986
  3. John Thomas v. Municipal Court of the Antelope Valley Judicial District of CaliforniaCourt of Appeals for the Ninth Circuit · 1989
  4. State v. CruzConnecticut Appellate Court · 1996
  5. Alcocer v. Superior CourtCalifornia Court of Appeal · 1988

9 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API