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State v. John C. Berard, 2008AP 3187-CR, Dist II, 2/3/10

court of appeals decision (not recommended for publication); Resp Br. (Berard)Reply (State)

Counsel – Conflict of Interest – Prior Representation in Unrelated Case
“Berard’s postconviction showing that Peter B. was Attorney Smith’s former client in an unrelated case and that he wanted to pin his charged crimes on Peter B. does not equate to a showing of an actual conflict of interest. More is required. … The attorney must do something that a reasonably competent attorney not burdened by a conflict would not have done or failed to do something that a reasonably competent attorney not burdened by a conflict would have done to effectively represent his client.” (Berard unable to make this showing.).

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