In Re the Personal Restraint of Richardson

(dissenting) — The majority holds that defense counsel's previous representation of a defense witness in an unrelated proceeding establishes a prima facie case of ineffective assistance of counsel requiring reversal where the trial court failed to inquire into this potential conflict of interest. I disagree.

*680In addition to the exchange between the court and counsel reported by the majority opinion, the record continues:

The Court: Mr. Denend can't act as your attorney in this matter. It would be — it would be ethically impossible for him to do that.

The Witness: Okay, I understand that.

The…