Armstrong v. People

QUINN, Justice,

specially concurring:

I specially concur in the judgment reversing the convictions of both defendants on the basis that they were denied their constitutional right to the effective assistance of counsel. U.S. Const. amends. VI & XIV; Colo. Const. art. II, § 16. I do not read Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), however, as requiring a defendant who raised no objection to trial counsel’s multiple representation to demonstrate not only that there was an actual conflict of interest at trial but also that the lawyer’s simultaneous representation…