People v. Poole

Defendant was convicted, after jury trial, of aggravated battery and theft. Defense counsel operated under per se conflict of interest, as he contemporaneously represented Defendant and his girlfriend, who State called as a hostile witness. State used girlfriend’s testimony to introduce her prior inconsistent statements, made during her police interviews, as substantive evidence. Thus, girlfriend’s testimony was not beneficial only to Defendant. Defendant was not adequately informed of the significance of the conflict, and his waiver was not knowing and intelligent waiver of conflict. (STEGMANN and APPLETON, concurring.)