State v. Galaviz
Annotate this CaseDefendant pleaded guilty to two criminal charges. The court placed Defendant on probation, but his probation was subsequently revoked. Defendant appealed, arguing that his attorney's position as the guardian ad litem for the victim of one of Defendant's crimes created a per se conflict of interest that denied him his right to effective assistance of counsel at his probation revocation proceeding. Relying on State v. Jenkins, Defendant argued this conflict so offended his rights that reversal was automatic and he was not required to show the conflict had an adverse effect on his attorney's representation. The court of appeals affirmed. Relying on the U.S. Supreme Court's decision in Mickens v. Taylor, the court held (1) Defendant had to show the multiple representation had an adverse effect on the attorney's representation because Defendant did not object to the multiple representation; and (2) Defendant did not meet his burden and was not entitled to relief. The Supreme Court reversed, holding (1) Mickens overrules portions of Jenkins; (2) the lower court correctly concluded that Defendant must establish that the conflict had an adverse effect on his attorney's representation; but (3) this determination cannot be made on the record on appeal. Remanded.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.