TDCAA Community
Motion to Disqualify

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https://tdcaa.infopop.net/eve/forums/a/tpc/f/157098965/m/5631043781

February 24, 2009, 11:20
Wolf Larsen
Motion to Disqualify
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?
February 24, 2009, 11:51
Andrea W
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.
February 24, 2009, 12:01
Wolf Larsen
Thanks. Would Defendant 2 have any say here? Does he have to waive also?