5-6-08 (A-111-06) State v. Mylee Cottle
An attorney has a per se conflict of interest when both the
attorney and the client are simultaneously under indictment in
the same county and are being prosecuted by the same
prosecutor’s office. Without an informed waiver made in court
and on the record, prejudice will be presumed, rendering the
representation ineffective. The undisclosed conflict in this
case denied the juvenile the effective representation of counsel
guaranteed to him under Article I, Paragraph 10 of the New
Jersey Constitution and he is entitled to a new trial.
