Legal Opinion
Rael v. Blair
New Mexico Supreme Court
Decided February 9, 2007No. 29,717PublishedCited by 11 opinions
1Opinion of the Court
OPINION
MINZNER, Justice.
{1} Defendant Andy Rael appeals from a decision of the district court denying his petition for habeas corpus. See Rule 12-501 NMRA 2006; Rule 5-802 NMRA 2002. Defendant argues he was denied effective assistance of counsel during his trial because his attorney had an actual conflict of interest. We hold that an actual conflict of interest existed, because defense counsel’s representation of Defendant and a State witness was contemporaneous and relevant to Defendant’s trial. We conclude defense counsel should have withdrawn once he became aware of the dual…
2Cases cited16 opinions
- Strickland v. WashingtonSupreme Court of the United States · 1984
- Cuyler v. SullivanSupreme Court of the United States · 1980
- Holloway v. ArkansasSupreme Court of the United States · 1978
- Wheat v. United StatesSupreme Court of the United States · 1988
- Guenter Mannhalt v. Amos E. ReedCourt of Appeals for the Ninth Circuit · 1988
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3Cited by11 opinions
- Allen v. LeMasterNew Mexico Supreme Court · 2011
- State v. GuerraNew Mexico Supreme Court · 2012
- Coleman v. StateCourt of Criminal Appeals of Alabama · 2011
- State v. VasquezNew Mexico Court of Appeals · 2012
- State v. FosterNew Mexico Court of Appeals · 2019
6 more not listed; retrieve them via the Exa API.