Whether a criminal defendant establishes an 'actual' conflict of interest that adversely affects counsel's representation

QUESTIONS PRESENTED FOR REVIEW 1. Whether a criminal defendant establishes an “actual” conflict of interest that adversely affects counsel’s representation when the attorney engages in “joint and dual” representation — i.e., simultaneously representing both the defendant and a key prosecution witness during a trial. 2. Whether the “presumed prejudice” conflict of interest standard applies when the prosecutor (rather than defense counsel) puts the trial judge on notice at the beginning of a trial of defense counsel’s conflict of interest — a conflict which is described by the prosecutor as “not waiveable” — and the judge thereafter fails to inquire into the nature and scope of the conflict. il B. PARTIES INVOLVED The parties involved are identified in the style of the case. iii C.