February 24, 2009, 11:20
Wolf LarsenMotion 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 WYou 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 LarsenThanks. Would Defendant 2 have any say here? Does he have to waive also?