People v. Carr

Defendant was convicted of 3 counts of aggravated domestic battery and 1 count of aggravated battery. Defendant's trial counsel labored under a per se conflict of interest where the victim in his case hired Defendant's attorney to represent her and testified against Defendant at trial. Defendant's trial counsel never brought the conflict to the court's attention, and there is no evidence that Defendant was informed of how that conflict could affect his representation.As the record does not indicate that Defendant knowingly waived the conflict, reversal and a new trial are required. (HARRIS and GRIFFIN, concurring.)