Thomas W. Carlson v. Louis S. Nelson, Warden, San Quentin State Prison, Tamal, California

Thomas W. Carlson, a California state prisoner, applied for a writ of habeas corpus, presenting several grounds for relief. After an evidentiary hearing, the district court granted the writ. San Quentin Warden Louis S. Nelson appeals.

The district court granted the writ on the ground that the action of petitioner’s trial counsel in also representing two co-defendants, at a time a plea bargain was arranged for all three defendants, involved a conflict of interest and a possibility of prejudice to petitioner in pleading guilty “such as to require relief under the principles announced in Lollar v. United States [ 126 U.S.App.D.C. 200 ], 376 F.2d 243 (D.C.Cir. 1967).”

The district court went on to say:

as were his co-defendants, again citing Lollar.

The test thus applied is stated in Lollar, 376 F.2d at 247 , as follows:

This test does not apply in the Ninth Circuit. In this circuit counsel may represent more than one defendant if the interests of the latter are not in conflict. United States v. Youpee, 419 F.2d 1340, 1345-1346 (9th Cir. 1969). This is not to be decided on the basis of speculation, but by a considered determination of whether, in fact, a conflict of interest…