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Fifth Circuit Rules Evidence of Counsel’s Dual Representation of Defendant and Codefendant Results in Possible Actual Conflict of Interest Requires Evidentiary Hearing

by Dale Chappell

In a case where the same lawyer represented two codefendants and advised both to plead guilty, with one fingering the other, evidence showing a possible conflict of interest in counsel’s representation required an evidentiary hearing, the U.S. Court of Appeals for the Fifth Circuit held. ...

 

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