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I have a case where there are 3 Defendants charged with POCS w/Intent. I'm set for trial on Defendant 1. Defense Counsel for Defendant 1 previously represented Defendant 2 in a criminal case resulting in deferred adjudication. Defendant 2 is set to testify against Defendant 1 which creates a conflict of interest, right? Should I move to disqualify?
 
Posts: 8 | Registered: November 29, 2007Reply With QuoteReport This Post
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You should have the defendant admonished on the record. It's his choice if he wants to keep the attorney, but if he does, he has to waive (on the record) the conflict.
 
Posts: 1116 | Location: Waxahachie | Registered: December 09, 2004Reply With QuoteReport This Post
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Thanks. Would Defendant 2 have any say here? Does he have to waive also?
 
Posts: 8 | Registered: November 29, 2007Reply With QuoteReport This Post
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