Yarbrough v. State

ROBERTS, J.,

for the Court:

¶ 1. The Lowndes County Circuit Court denied Stephen Yarbrough’s motion for post-conviction relief (PCR) after an evi-*145dentiary hearing by finding that he waived any conflict involving his trial attorney Rodney Ray’s simultaneous representation of Deputy Clint Sims, Yarbrough’s alleged victim, and Yarbrough. We find that there was an actual conflict between Ray’s representation of Yarbrough and Deputy Sims, that Yarbrough did not waive that conflict, and that the conflict deprived Yar-brough of effective representation at trial. Therefore, we reverse and render the…