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STATE v. JOANNA V.

No. 28,107.

94 P.3d 783 (2004)

136 N.M. 40

2004-NMSC-024

STATE of New Mexico, Petitioner-Respondent, v. JOANNA V., a child, Respondent-Petitioner.

Supreme Court of New Mexico.

June 8, 2004.

Attorney(s) appearing for the Case

John Bigelow, Chief Public Defender, Trace L. Rabern, Assistant Appellate Defender, Santa Fe, NM, for Petitioner.

Patricia Madrid, Attorney General, M. Victoria Wilson, Assistant Attorney General, Santa Fe, NM, for Respondent.

Ann Halter Albuquerque, NM, for Amicus Curiae Advocacy, Inc.

OPINION

BOSSON, Justice.

{1} Joanna V. (Child) sought to set aside a plea based on her claim of ineffective assistance of counsel. Child claims her defense counsel was ineffective due to an irreconcilable conflict of interest that arose when one attorney served as both her Guardian ad Litem (GAL), during abuse and neglect proceedings, and then as her defense attorney during delinquency proceedings. Although this dual relationship had the potential to become...

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