appointment of counsel fully accredited by competency and moral standards to practice law.” Id. at 403. It further noted that the case presented “a situation where one without proper credentials as a lawyer in any state or federal jurisdiction posed as a lawyer. And, he who so posed has not been considered to be of sufficient moral fiber to bear the stamp of approval of the Florida Bar.” Id. Some courts have recognized per se ineffective assistance of counsel when counsel was suspended or disbarred prior to the representation. In In re Johnson, 1 Cal. 4th 689, 822 P.2d 1317, 4 Cal. Rptr. 2d 170 (1992), the court found that representation by an attorney who had been suspended from the practice of law and had submitted his resignation to the state bar with disciplinary proceedings pe 94) (<HOLDING>). Other courts, however, have declined to apply
holding criminal defendant received per se ineffective assistance of counsel when his attorneys practice had been taken over by state bar and court pursuant to statute which allowed takeover after determination that attorney was incompetent to represent clients recognizing that providing defendant with hobsons choice between incompetent lawyer or no lawyer violates right to counsel holding representation per se ineffective where attorney disbarred 2 months before trial and therefore no longer counsel within meaning of sixth amendment under texas law which provides disbarred lawyer is deemed incompetent to represent criminal defendant as matter of law holding that a criminal defendant has a sixth amendment right to counsel at trial holding that an attorneys conflict of interest gives rise to a claim of ineffective assistance of counsel under the sixth amendment and establishes prejudice per se