holding that the defendant’s being embroiled in an irreconcilable conflict with his attorney warranted reversal where the defendant was dissatisfied and would not cooperate with the attorney and the trial court summarily dismissed the defendant’s four motions for new counsel without any inquiry
How later courts described this case
- holding that the defendant’s being embroiled in an irreconcilable conflict with his attorney warranted reversal where the defendant was dissatisfied and would not cooperate with the attorney and the trial court summarily dismissed the defendant’s four motions for new counsel without any inquiry
- holding that when a defendant and his counsel did not communicate because of an “embroiled . . . irreconcilable conflict” the defendant was “deprive[d] . . . of the effective assistance of . . . counsel . . . .”
- fashioning a three-part test to determine whether a 22 conflict rises to the level of being irreconcilable: “(1) the extent of the conflict; (2
- pre-Strickland case holding that “to compel one charged with grievous crime to undergo a trial with the assistance of an attorney with whom he has become embroiled in irreconcilable conflict is to deprive him of the effective assistance of any counsel whatsoever”
Written by the judges who cited it.
The opinion
KILKENNY, Circuit Judge
(Specially Concurring):
I would remand to the district court with directions to require the Superior Court of California, (1) to hold within sixty days) a Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), type hearing on the voluntariness of the appellant’s pre-trial admissions and statements; and (2) to hold a hearing on whether appellant’s objection to his legal representation was to the Public Defender’s Office as a whole, or as to the individual attorney assigned by the Public Defender’s Office. If the *1171 California court failed to hold these hearings and make and file its findings within the time limited, a new trial would be granted. Otherwise, the findings on those issues would be filed in the district court and forthwith transmitted to this court for appropriate action.