People v. Mai

In People v. Mai (2013) 57 Cal.4th 986, "the court perceived a possible conflict of interest and, as the cases require, it addressed the issue with considerable care." (Id. at p. 1010.) This included a laborious obtaining of the defendant's waiver of any rights under the law of conflict of interest--a waiver available under state law (ibid.) and one that the high court found valid in Mai (id. at p. 1012). The trial court in Mai also "appointed independent counsel to investigate and advise defendant on the subject, and confirmed that independent counsel had done so." (Id. at pp. 1010-1011.) As Mai elaborated, "Before taking defendant's waiver, the court warned him of the essential danger of conflicted representation, i.e., that the conflict might induce counsel to 'pull their punches' when representing him in the instant case. It was further agreed on the record that defendant could withdraw the waiver at any time if a conflict actually materialized and he perceived it was affecting his counsel's performance. Hence, it appears defendant was generally apprised of the considerations that should influence his waiver decision." (Id. at p. 1011.)