Holloway v. Arkansas

Summary

The Supreme Court held that a trial court violated the defendants’ Sixth Amendment right to effective assistance of counsel by denying timely motions for separate counsel despite defense counsel’s representations that joint representation created a probable conflict of interest. The Court held that reversal was automatic when joint representation was improperly required over timely objection, without requiring a specific showing of prejudice.

Holdings

1. When defense counsel timely represents to the trial court, as an officer of the court, that joint representation creates a probable conflict of interest, the court must either appoint separate counsel or take adequate steps to determine whether the risk is too remote to warrant separate counsel. The trial court's failure to do so deprived petitioners of their Sixth Amendment guarantee of assistance of counsel.
2. When a trial court improperly requires joint representation over a timely objection, reversal is automatic and the defendant need not demonstrate specific prejudice.

Questions Presented

1. Whether the trial court violated petitioners' Sixth Amendment right to effective assistance of counsel by denying timely motions for separate counsel after appointed counsel represented that joint representation created a probable conflict of interest.
2. Whether reversal required proof of specific prejudice when the trial court improperly required joint representation over a timely objection.

Disposition

reversed_and_remanded