HabeasCorpus Privacy JusticiabilityDoctri
Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that trial counsel's trial strategy was impacted by their prior representation of the prosecutor in connection the prosecutor's professional misconduct where the trial court was aware of the prior representation but did not inform the defendant or undertake an inquiry into potential conflicts?
QUESTION PRESENTED Is a criminal defendant denied their right to effective assistance of counsel when there are indications, of which the defendant was unaware, that trial counsel’s trial strategy was impacted by their prior representation of the prosecutor in connection the prosecutor’s professional misconduct where the trial court was aware of the prior representation but did not inform the defendant or undertake an inquiry into potential conflicts? i