PEOPLE v. RAMIREZ

Filed 8/7/06

IN THE SUPREME COURT OF CALIFORNIA

THE PEOPLE, )

)

Plaintiff and Respondent, )

) S012944

v. )

) Los Angeles County

RICHARD RAMIREZ, ) Super. Ct. No. A771272

)

Defendant and Appellant. )

_______________________________________ )

Story continue from Part II ………

An actual conflict of interest occurred in Holloway v. Arkansas (1978) 435 U.S. 475, 484 (Holloway), in which indigent codefendants were represented by a single appointed attorney who represented that he had received confidential information from each defendant that created a risk of conflicting interests, but no conflict of interest was found in Cuyler v. Sullivan (1980) 446 U.S. 335 (Sullivan), in which three codefendants were represented jointly by retained counsel in separate trials. The high court observed that the trial court was not obligated to investigate whether counsel's representation of multiple defendants created a conflict of interest, in the absence of an objection by the defendant, stating that â€