Tooby's California Post-Conviction Relief for Immigrants

(C)

Court's Duty to Inquire into Conflict.  Where the trial court knew, or reasonably should have known, of a conflict of interest between the defendant and defense counsel, it must conduct an inquiry into the facts giving rise to the possible conflict.  To gain relief for such an error, however, the defendant must demonstrate adverse performance of his attorney.  In the absence of such a showing, relief was denied where counsel appointed to represent a capital murder defendant had previously represented the murder victim, in another criminal matter, which the trial judge had previously dismissed before he appointed him to represent the defendant in this murder.[261]

[261] Mickens v. Taylor, 535 U.S. 162 (2002).