Supreme Court of Kansas· 6/20/1995

State v. Jenkins

Citations

257 Kan. 1074
898 P.2d 1121
1995 Kan. LEXIS 94

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief
Jenkins “argued before the Court of Appeals that his Sixth Amendment right to effective assistance of counsel was violated because of his trial counsel’s conflict of interest.
We have considered die record in this case and determine that all facts necessary for resolution of the conflict of interest issue are contained in the record. Under these circumstances, remand would serve no useful purpose.
“where the trial court is advised of the possibility of a conflict by either the defendant or the State, the court is required to initiate an inquiry to insure that the defendant’s Sixth Amendment right to counsel is not violated”
conflict of interest claim considered when all facts are contained in record
overruled on other grounds by Galaviz, 296 Kan. 168, Syl. ¶ 7

Source: CourtListener parenthetical corpus (CC0).

Judges: Davis

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