People v. Yost

This case presents question as to whether trial court properly denied defendant’s motion for new trial, even though defendant contended that his trial counsel was ineffective because he labored under conflict of interest in instant murder trial due to his prior representation of murder victim. Appellate Court, in reversing defendant’s conviction and remanding matter for new trial, found that defendant’s trial counsel had labored under pre se conflict of interest due to his prior representation of deceased victim. In its petition for leave to appeal, State argued that there is no per se conflict of interest where the victim is deceased at time of trial, and where counsel's prior representation of victim was through court appointment. Moreover, it argued that any justification for recognition of per se conflict of interest in instant case would not apply, since defense counsel had no feeling of continuing loyalty to victim at time of defendant’s trial.