The trial court can err in failing to focus on the breakdown of the relationship between defendant and counsel when considering defendant’s motion to substitute counsel.  Even if counsel is competent, a serious breakdown in communications can result in an inadequate defense.[276]  The trial court’s suggestion that the defendant could raise the issue on appeal was “destructive of fundamental due process.  By incorrectly limiting the defendant’s arguments, the suggestion risks undermining the defendant’s rights on appeal and on retrial after an appeal.”[277]

 

[276] United States v. Musa, 220 F.3d 1096, 1102 (9th Cir. 2000).

[277] United States v. Nguyen, 235 F.3d 1179 (9th Cir. 2000).

Ninth Circuit

POST CON RELIEF - GROUNDS - COUNSEL - CONFLICT OF INTEREST
Alberni v. McDaniel, __ F.3d __ (9th Cir. Aug. 9, 2006) (case remanded to determine whether defendant's right to conflict-free counsel was violated by trial counsel's cross-examination of a prosecution witness who had been counsels client). http://caselaw.lp.findlaw.com/data2/circs/9th/0515570p.pdf

POST CON RELIEF - GROUNDS - INEFFECTIVE ASSISTANCE OF COUNSEL - CONFLICT OF INTEREST
United States v. Elliot, 463 F.3d 858 (9th Cir. 2006) (defense counsels representation of a key witness and defendant concerning the same subject matter created at least an appearance of a conflict of interest)

POST CON - FEDERAL - HABEAS - INEFFECTIVE COUNSEL
Daniels v. Woodford, 428 F.3d 1181 (9th Cir. Nov. 2, 2005) (ineffective assistance of counsel where conflict of interest arose where defense counsel was acting in his own self interest in seeking job with district attorneys office).
http://caselaw.lp.findlaw.com/data2/circs/9th/0299002p.pdf

POST CON RELIEF - FEDERAL - GROUNDS - COUNSEL - ERRONEOUS DENIAL OF PRE-TRIAL MOTION TO SUBSTITUTE COUNSEL ON GROUNDS OF IRRECONCILABLE CONFLICT
Plumlee v. Del Papa, ___ F.3d ___ (9th Cir. October 18, 2005) (reversing denial of plaintiff's petition for a writ of habeas corpus where Sixth Amendment rights were violated when the trial judge denied pre-trial motion to substitute counsel on the basis of an irreconcilable conflict).
http://caselaw.lp.findlaw.com/data2/circs/9th/0415101p.pdf

POST CON - GROUNDS - CONFLICT OF INTEREST
Lewis v. Mayle, ___ F.3d ___ (9th Cir. November 29, 2004) (conviction vacated on federal habeas petition reversed where criminal lawyer had actual conflict of interest that adversely affected representation of his client).
http://caselaw.lp.findlaw.com/data2/circs/9th/0316152p.pdf