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STATE v. DUFFY

No. CR-19-0386-PR.

486 P.3d 197 (2021)

The STATE of Arizona, Appellee, v. David Joseph DUFFY, Appellant.

Supreme Court of Arizona.

Filed May 17, 2021.

Attorney(s) appearing for the Case

Mark Brnovich , Arizona Attorney General, Brunn (Beau) W. Roysden III , Solicitor General, Linley Wilson , Chief Counsel, Joshua C. Smith (argued), Assistant Attorney General, Phoenix, Attorneys for State of Arizona.

Daniel J. DeRienzo (argued), Law Office of Daniel J. DeRienzo, PLLC, Prescott Valley, Attorney for David Joseph Duffy.

Carol Lamoureux (argued), Law Office of Hernandez & Hamilton, PC, Tucson, Attorneys for Amicus Curiae Arizona Attorneys for Criminal Justice.

JUSTICE BOLICK authored the Opinion of the Court, in which CHIEF JUSTICE BRUTINEL, VICE CHIEF JUSTICE TIMMER, and JUSTICES LOPEZ, BEENE, and MONTGOMERY joined.

¶1 In this case we hold that when a trial court is advised of a potential conflict arising from an attorney's representation of a co-defendant, it must conduct an independent inquiry to confirm that the defendant's Sixth Amendment right to conflict-free counsel was waived knowingly and voluntarily. Critically...

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