People v. Gardner

We granted leave to appeal to consider whether the defendant Linzie Gardner was denied his right to effective assistance of counsel because of the joint representation in this case. We conclude that he was.

I

Linzie Gardner and Michael Kidder were charged with assault with intent to commit mur-. der in an attack made by them on a prison guard while they were incarcerated in State Prison of Southern Michigan. At trial, both were repre sented by the same attorney. Gardner was convicted of assault with intent to commit murder and was sentenced to a term of 50 to 75 years, to .be served…