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DONATELLI v. COM.

No. 2004-CA-000984-MR.

175 S.W.3d 103 (2005)

Christopher DONATELLI, Appellant, v. COMMONWEALTH of Kentucky, Appellee.

Court of Appeals of Kentucky.

Discretionary Review Denied by Supreme Court November 16, 2005.

Attorney(s) appearing for the Case

Darrell A. Cox, Covington, KY, for appellant.

Gregory D. Stumbo, Attorney General of Kentucky, Courtney J. Hightower, Assistant Attorney General, Frankfort, KY, for Appellee.

Before SCHRODER, TAYLOR, and VANMETER, Judges.

OPINION

VANMETER, Judge.

If a criminal defendant is represented by a lawyer who also represents a codefendant, that criminal defendant must be informed of the possible conflict of interest by the trial judge and must sign a waiver of the possible conflict.1 The failure to do so, however, does not necessitate reversal, but requires a defendant to demonstrate an actual conflict of interests. In this case, we hold that the...

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