People v. Fields

(Modified upon denial of rehearing 11/26/12.) A defense counsel's representation of a prosecution witness is a per se conflict of interest when the representation is contemporaneous with defense counsel's representation of the defendant, but is not a per se conflict of interest when defense counsel's representation of the witness is prior to counsel's representation of defendant. A prosecution witness cannot also be an "entity assisting the prosecution", as an individual is not an entity. An entity does not include a person for purposes of per se conflicts of interest. (KILBRIDE, FREEMAN, GARMAN, KARMEIER, BURKE, and THEIS, concurring.)