I'm prosecuting a case where the Defense Attorney formerly prosecuted the Defendant in a 2008 Burg. Hab. case. The current case and the 2008 case are entirely separate. Defendant's sentence to the Burg. Hab. was 12 TDC and is currently on parole for it. In other words, when Defense Attorney worked at the DA's Office, he sent his current client to TDC and now represents him on a new case that could affect his parole. Defense Attorney seems to think this can all be cured with a waiver of conflict. The Court has been made aware of the situation.

Does anyone have any insight on this? What steps should I take? Is a waiver a "cure-all"?

Can be done, though not advisable.

Defendant should waive any conflict. Do it on the record. Should make sure that defendant does not intend to challenge the validity of the prior conviction. If there is a basis for challenging it, then there might be an actual conflict.

When judgment for prior conviction offered into evidence, should delete name of prosecuting attorney so jury doesn't see that defense attorney previously prosecuted the guy.

For discussion of a conflict in the other direction:

Details.

For previous discussion on same issue:

Details.

This message has been edited. Last edited by: JB,

See "STATE RULES - TEXAS DISCIPLINARY RULES OF PROFESSIONAL CONDUCT" Rule 1.10