I have an Appellant who is complaining that his attorney had a conflict of interest in representing him and 2 co-defendants (1 trial prior, 1 after). Appellant did not waive his attorney-client privilege at the motion for new trial so I don't know what he and his attorney discussed. He did make a waiver of the conflict on the record prior to trial. Also, his defense was different than the co-defendants who claimed they were not present.

Many of the applicable legal principles can be found in Gaston, 136 S.W.3d 315.