mickens
taylor
warden
argued
november
decided
march
virginia
jury
convicted
petitioner
premeditated
murder
timothy
hall
following
commission
attempted
forcible
sodomy
sentenced
petitioner
death
petitioner
filed
federal
habeas
petition
alleging
inter
alia
denied
effective
assistance
counsel
one
attorneys
conflict
interest
trial
petitioner
lead
attorney
bryan
saunders
represented
hall
assault
charges
time
murder
juvenile
judge
dismissed
charges
hall
later
appointed
saunders
represent
petitioner
saunders
disclose
petitioner
previously
represented
hall
district
denied
habeas
relief
en
banc
majority
fourth
circuit
affirmed
majority
rejected
petitioner
argument
juvenile
judge
failure
inquire
potential
conflict
either
mandated
automatic
reversal
conviction
relieved
burden
showing
conflict
interest
adversely
affected
representation
concluded
petitioner
demonstrated
adverse
effect
held
order
demonstrate
sixth
amendment
violation
trial
fails
inquire
potential
conflict
interest
knew
reasonably
known
defendant
must
establish
conflict
interest
adversely
affected
counsel
performance
pp
defendant
alleging
ineffective
assistance
generally
must
demonstrate
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
strickland
washington
exception
general
rule
presumes
probable
effect
upon
outcome
assistance
counsel
denied
entirely
critical
stage
proceeding
held
several
cases
circumstances
magnitude
cronic
may
also
arise
defendant
attorney
actively
represented
conflicting
interests
holloway
arkansas
created
automatic
reversal
rule
counsel
forced
represent
codefendants
timely
objection
unless
trial
determined
conflict
cuyler
sullivan
declined
extend
holloway
held
absent
objection
defendant
must
demonstrate
conflict
interest
actually
affected
adequacy
representation
granted
certiorari
consider
violation
remanded
trial
determine
whether
conflict
interest
record
strongly
suggested
actually
existed
pp
rejects
petitioner
argument
remand
instruction
wood
directing
trial
grant
new
hearing
determined
actual
conflict
interest
existed
established
trial
judge
neglects
duty
inquire
potential
conflict
defendant
obtain
reversal
need
show
lawyer
subject
conflict
interest
conflict
adversely
affected
counsel
performance
used
remand
instruction
actual
conflict
interest
meant
precisely
conflict
affected
counsel
performance
opposed
mere
theoretical
division
loyalties
shorthand
sullivan
statement
defendant
shows
conflict
interest
actually
affected
adequacy
representation
need
demonstrate
prejudice
order
obtain
relief
emphasis
added
notion
wood
created
new
rule
sub
silentio
implausible
moreover
petitioner
proposed
rule
automatic
reversal
makes
little
policy
sense
thus
void
conviction
petitioner
establish
minimum
conflict
interest
adversely
affected
counsel
performance
fourth
circuit
found
effect
denial
habeas
relief
must
affirmed
pp
case
presented
argued
assumption
absent
exception
failure
inquire
sullivan
applicable
conflict
rooted
counsel
obligations
former
clients
rule
upon
correctness
assumption
pp
affirmed
scalia
delivered
opinion
rehnquist
kennedy
thomas
joined
kennedy
filed
concurring
opinion
joined
stevens
filed
dissenting
opinion
souter
filed
dissenting
opinion
breyer
filed
dissenting
opinion
ginsburg
joined
walter
mickens
petitioner
john
taylor
warden
writ
certiorari
appeals
fourth
circuit
march
justice
scalia
delivered
opinion
question
presented
case
defendant
must
show
order
demonstrate
sixth
amendment
violation
trial
fails
inquire
potential
conflict
interest
knew
reasonably
known
virginia
jury
convicted
petitioner
mickens
premeditated
murder
timothy
hall
following
commission
attempted
forcible
sodomy
finding
murder
outrageously
wantonly
vile
sentenced
petitioner
death
june
mickens
filed
petition
writ
habeas
corpus
see
ed
supp
district
eastern
district
virginia
alleging
inter
alia
denied
effective
assistance
counsel
one
attorneys
conflict
interest
trial
federal
habeas
counsel
discovered
petitioner
lead
trial
attorney
bryan
saunders
representing
hall
victim
assault
charges
time
murder
saunders
appointed
represent
hall
juvenile
march
met
minutes
time
following
week
hall
body
discovered
march
four
days
later
juvenile
judge
dismissed
charges
noting
docket
sheet
hall
deceased
docket
sheet
also
listed
saunders
hall
counsel
april
judge
appointed
saunders
represent
petitioner
saunders
disclose
petitioner
previously
represented
hall
virginia
law
juvenile
case
files
confidential
may
generally
disclosed
without
order
see
code
ann
petitioner
learned
saunders
prior
representation
clerk
mistakenly
produced
hall
file
federal
habeas
counsel
district
held
evidentiary
hearing
denied
petitioner
habeas
petition
divided
panel
appeals
fourth
circuit
reversed
appeals
granted
rehearing
en
banc
initial
matter
en
banc
majority
determined
petitioner
failure
raise
claim
state
preclude
review
concluding
petitioner
established
cause
inquiry
prejudice
purposes
excusing
petitioner
default
incorporates
test
evaluating
underlying
conflict
interest
claim
merits
appeals
assumed
juvenile
judge
neglected
duty
inquire
potential
conflict
rejected
petitioner
argument
failure
either
mandated
automatic
reversal
conviction
relieved
burden
showing
conflict
interest
adversely
affected
representation
relying
cuyler
sullivan
held
defendant
must
show
actual
conflict
interest
adverse
effect
even
trial
failed
inquire
potential
conflict
reasonably
known
concluding
petitioner
demonstrated
adverse
effect
affirmed
district
denial
habeas
relief
granted
stay
execution
petitioner
sentence
granted
certiorari
ii
sixth
amendment
provides
criminal
defendant
shall
right
assistance
counsel
defence
right
accorded
said
sake
effect
ability
accused
receive
fair
trial
cronic
follows
assistance
ineffective
preserving
fairness
meet
constitutional
mandate
see
strickland
washington
also
follows
defects
assistance
probable
effect
upon
trial
outcome
establish
constitutional
violation
general
matter
defendant
alleging
sixth
amendment
violation
must
demonstrate
reasonable
probability
counsel
unprofessional
errors
result
proceeding
different
exception
general
rule
spared
defendant
need
showing
probable
effect
upon
outcome
simply
presumed
effect
assistance
counsel
denied
entirely
critical
stage
proceeding
occurred
likelihood
verdict
unreliable
high
inquiry
unnecessary
see
cronic
supra
see
also
geders
gideon
wainwright
circumstances
magnitude
forgo
individual
inquiry
whether
counsel
inadequate
performance
undermined
reliability
verdict
cronic
supra
held
several
cases
circumstances
magnitude
may
also
arise
defendant
attorney
actively
represented
conflicting
interests
nub
question
us
whether
principle
established
cases
provides
exception
general
rule
strickland
circumstances
present
case
answer
question
must
examine
cases
holloway
arkansas
defense
counsel
objected
adequately
represent
divergent
interests
three
codefendants
without
inquiry
trial
denied
counsel
motions
appointment
separate
counsel
refused
allow
counsel
defendants
behalf
two
holloway
deferred
judgment
counsel
regarding
existence
disabling
conflict
recognizing
defense
attorney
best
position
determine
conflict
exists
ethical
obligation
advise
problem
declarations
virtually
made
oath
internal
quotation
marks
omitted
holloway
presumed
moreover
conflict
defendant
counsel
tried
avoid
timely
objections
joint
representation
undermined
adversarial
process
presumption
justified
joint
representation
conflicting
interests
inherently
suspect
counsel
conflicting
obligations
multiple
defendants
effectively
sea
lips
crucial
matters
make
difficult
measure
precise
harm
arising
counsel
errors
holloway
thus
creates
automatic
reversal
rule
defense
counsel
forced
represent
codefendants
timely
objection
unless
trial
determined
conflict
henever
trial
improperly
requires
joint
representation
timely
objection
reversal
automatic
cuyler
sullivan
respondent
one
three
defendants
accused
murder
tried
separately
represented
counsel
neither
counsel
anyone
else
objected
multiple
representation
counsel
opening
argument
sullivan
trial
suggested
interests
defendants
aligned
declined
extend
holloway
automatic
reversal
rule
situation
held
absent
objection
defendant
must
demonstrate
conflict
interest
actually
affected
adequacy
representation
addition
describing
defendant
burden
proof
sullivan
addressed
separately
trial
duty
inquire
propriety
multiple
representation
construing
holloway
require
inquiry
trial
knows
reasonably
know
particular
conflict
exists
confused
trial
aware
vague
unspecified
possibility
conflict
inheres
almost
every
instance
multiple
representation
sullivan
special
circumstances
triggered
trial
duty
inquire
finally
wood
georgia
three
indigent
defendants
convicted
distributing
obscene
materials
probation
revoked
failure
make
requisite
monthly
payments
fines
granted
certiorari
consider
whether
violated
equal
protection
clause
course
consideration
certain
disturbing
circumstances
came
attention
hearing
times
since
arrest
defendants
represented
lawyer
employer
owner
business
purveyed
obscenity
employer
paid
attorney
fees
employer
promised
employees
pay
fines
generally
kept
promise
done
defendants
case
record
suggested
employer
interest
establishing
favorable
precedent
reducing
fines
pay
indigent
employees
future
diverged
defendants
interest
obtaining
leniency
paying
lesser
fines
avoid
imprisonment
moreover
possibility
counsel
actively
representing
conflicting
interests
employer
defendants
sufficiently
apparent
time
revocation
hearing
impose
upon
duty
inquire
record
us
sure
whether
counsel
influenced
basic
strategic
decisions
interests
employer
hired
remanded
trial
determine
whether
conflict
interest
record
strongly
suggests
actually
existed
petitioner
argues
remand
instruction
wood
established
unambiguous
rule
trial
judge
neglects
duty
inquire
potential
conflict
defendant
obtain
reversal
judgment
need
show
lawyer
subject
conflict
interest
need
show
conflict
adversely
affected
counsel
performance
brief
petitioner
relies
upon
language
remand
instruction
directing
trial
grant
new
revocation
hearing
determines
actual
conflict
interest
existed
wood
without
requiring
determination
conflict
adversely
affected
counsel
performance
used
remand
instruction
however
think
actual
conflict
interest
meant
precisely
conflict
affected
counsel
performance
opposed
mere
theoretical
division
loyalties
shorthand
statement
sullivan
defendant
shows
conflict
interest
actually
affected
adequacy
representation
need
demonstrate
prejudice
order
obtain
relief
emphasis
added
interpretation
consistent
wood
earlier
description
decide
case
without
remand
record
us
sure
whether
counsel
influenced
basic
strategic
decisions
interests
employer
hired
case
due
process
rights
petitioners
respected
emphasis
added
notion
wood
created
new
rule
sub
silentio
case
certiorari
granted
entirely
different
question
parties
neither
briefed
argued
issue
petitioner
proposed
rule
automatic
reversal
existed
conflict
affect
counsel
performance
trial
judge
failed
make
inquiry
makes
little
policy
sense
discussed
rule
applied
trial
judge
aware
conflict
thus
obligated
inquire
prejudice
presumed
conflict
significantly
affected
counsel
performance
thereby
rendering
verdict
unreliable
even
though
strickland
prejudice
shown
see
sullivan
supra
trial
awareness
potential
conflict
neither
renders
likely
counsel
performance
significantly
affected
way
renders
verdict
unreliable
cf
cronic
trial
judge
failure
make
inquiry
often
make
harder
reviewing
courts
determine
conflict
effect
particularly
since
courts
may
rely
evidence
testimony
whose
importance
becomes
established
trial
finally
automatic
reversal
simply
appropriate
means
enforcing
sullivan
mandate
inquiry
despite
justice
souter
belief
must
threat
sanction
risk
conferring
windfall
upon
defendant
order
induce
resolutely
obdurate
trial
judges
follow
law
post
presume
judges
careless
partial
police
officers
need
incentive
exclusionary
rule
see
leon
event
sullivan
standard
requires
proof
effect
upon
representation
effect
shown
presumes
prejudice
already
creates
incentive
inquire
potential
conflict
cases
potential
conflict
fact
actual
one
inquiry
enable
judge
avoid
possibility
reversal
either
seeking
waiver
replacing
conflicted
attorney
doubt
deterrence
judicial
dereliction
achieved
automatic
reversal
rule
significantly
greater
since
case
holloway
counsel
protested
inability
simultaneously
represent
multiple
defendants
since
trial
failure
make
inquiry
reduce
petitioner
burden
proof
least
necessary
void
conviction
petitioner
establish
conflict
interest
adversely
affected
counsel
performance
appeals
found
effect
see
denial
habeas
relief
must
affirmed
iii
lest
today
holding
misconstrued
note
question
presented
effect
trial
failure
inquire
potential
conflict
upon
sullivan
rule
deficient
performance
counsel
must
shown
case
presented
argued
assumption
absent
exception
failure
inquire
sullivan
applicable
requiring
showing
defective
performance
requiring
addition
strickland
cases
showing
probable
effect
upon
outcome
trial
assumption
unreasonable
light
holdings
courts
appeals
applied
sullivan
unblinkingly
kinds
alleged
attorney
ethical
conflicts
beets
scott
en
banc
invoked
sullivan
standard
conflict
rooted
counsel
obligations
former
clients
see
perillo
johnson
freund
butterworth
mannhalt
reed
young
even
representation
defendant
somehow
implicates
counsel
personal
financial
interests
including
book
deal
hearst
job
prosecutor
office
garcia
bunnell
teaching
classes
internal
revenue
service
agents
michaud
romantic
entanglement
prosecutor
summerlin
stewart
fear
antagonizing
trial
judge
sayan
cadc
must
said
however
language
sullivan
clearly
establish
indeed
even
support
expansive
application
ntil
said
defendant
shows
counsel
actively
represented
conflicting
interests
established
constitutional
predicate
claim
ineffective
assistance
emphasis
added
sullivan
see
holloway
see
stressed
high
probability
prejudice
arising
multiple
concurrent
representation
difficulty
proving
prejudice
see
also
geer
representation
multiple
criminal
defendants
conflicts
interest
professional
responsibilities
defense
attorney
rev
lowenthal
joint
representation
criminal
cases
critical
appraisal
rev
attorney
conflicts
present
comparable
difficulties
thus
federal
rules
criminal
procedure
treat
concurrent
representation
prior
representation
differently
requiring
trial
inquire
likelihood
conflict
whenever
jointly
charged
defendants
represented
single
attorney
rule
counsel
previously
represented
another
defendant
substantially
related
matter
even
trial
aware
prior
see
sullivan
supra
citing
rule
suggest
one
ethical
duty
less
important
another
purpose
holloway
sullivan
exceptions
ordinary
requirements
strickland
however
enforce
canons
legal
ethics
apply
needed
prophylaxis
situations
strickland
evidently
inadequate
assure
vindication
defendant
sixth
amendment
right
counsel
see
nix
whiteside
reach
ethical
standard
necessarily
make
denial
sixth
amendment
guarantee
assistance
counsel
resolving
case
grounds
presented
us
rule
upon
need
sullivan
prophylaxis
cases
successive
representation
whether
sullivan
extended
cases
remains
far
jurisprudence
concerned
open
question
reasons
stated
judgment
appeals
affirmed
walter
mickens
petitioner
john
taylor
warden
writ
certiorari
appeals
fourth
circuit
march
justice
kennedy
justice
joins
concurring
comprehensive
analysis
said
necessary
address
issues
raised
question
presented
join
opinion
full
trial
judge
failure
inquire
suspected
conflict
kind
error
requiring
presumption
prejudice
grant
certiorari
second
question
presented
petitioner
whether
rejected
proposed
presumption
nonetheless
established
conflict
interest
adversely
affected
representation
write
separately
emphasize
facts
case
well
illustrate
wooden
rule
requiring
reversal
inappropriate
cases
like
one
petitioner
request
district
conducted
evidentiary
hearing
conflict
claim
issued
thorough
opinion
found
counsel
brief
representation
victim
effect
whatsoever
course
petitioner
trial
see
mickens
greene
supp
ed
district
findings
depend
upon
credibility
judgments
made
hearing
testimony
petitioner
counsel
bryan
saunders
witnesses
reviewing
role
speculate
counsel
motives
plausibility
alternative
litigation
strategies
role
defer
district
factual
findings
unless
conclude
clearly
erroneous
see
lackawanna
county
district
attorney
coss
opinion
district
found
saunders
believe
obligation
former
client
timothy
hall
interfere
litigation
see
supp
concludes
factual
matter
saunders
believe
continuing
duties
former
client
might
interfere
consideration
facts
options
current
client
internal
quotation
marks
alteration
omitted
although
district
concluded
saunders
probably
learn
matters
confidential
found
nothing
attorney
learned
relevant
subsequent
murder
case
see
ibid
record
confirms
saunders
learn
confidential
information
hall
relevant
mickens
defense
either
merits
sentencing
emphasis
deleted
indeed
even
saunders
learned
relevant
information
district
found
labored
impression
continuing
duty
deceased
client
see
record
reflects
far
saunders
concerned
allegiance
hall
nded
walked
courtroom
told
dead
case
quoting
hearing
tr
saunders
belief
may
mistaken
establishes
prior
representation
influence
choices
made
course
trial
conclusion
good
example
inquiry
required
rather
simply
adopting
automatic
rule
reversal
petitioner
description
roads
taken
entail
two
degrees
speculation
required
assume
saunders
believed
continuing
duty
victim
required
consider
whether
hypothetical
case
counsel
blocked
pursuing
alternative
defense
strategy
district
concluded
prosecution
case
coupled
defendant
insistence
testifying
foreclosed
strategies
suggested
petitioner
fact
according
district
plausible
argument
victim
consented
sexual
relations
murderer
given
bruises
victim
neck
blood
marks
showing
victim
stabbed
sexual
intercourse
important
petitioner
insistence
testifying
trial
never
met
victim
see
supp
record
shows
facts
foreclosed
presentation
consent
plausible
alternative
defense
strategy
basic
defense
guilt
phase
petitioner
scene
hardly
consistent
theory
consensual
encounter
district
said
counsel
alleged
dereliction
sentencing
phase
saunders
failure
attack
character
victim
mother
nothing
putative
conflict
interest
strategy
rejected
likely
backfire
saunders
also
owed
duty
hall
see
record
dispels
contention
failure
use
negative
information
hall
attributable
conflict
interest
part
saunders
facts
others
relied
upon
district
provide
compelling
evidence
theoretical
conflict
establish
constitutional
violation
even
conflict
one
trial
judge
known
constitutional
question
must
turn
whether
trial
counsel
conflict
interest
hampered
representation
whether
trial
judge
assiduous
taking
prophylactic
measures
otherwise
judge
duty
limited
cases
attorney
suspected
harboring
conflict
interest
sixth
amendment
protects
defendant
ineffective
attorney
well
conflicted
one
see
strickland
washington
major
departure
say
trial
judge
must
step
every
time
defense
counsel
appears
providing
ineffective
assistance
indeed
precedent
support
proposition
sixth
amendment
guarantees
defendant
assistance
counsel
infringement
right
must
depend
deficiency
lawyer
trial
judge
reason
presume
guarantee
filled
purported
conflict
effect
representation
observations
join
opinion
walter
mickens
petitioner
john
taylor
warden
writ
certiorari
appeals
fourth
circuit
march
justice
stevens
dissenting
case
raises
three
uniquely
important
questions
fundamental
component
criminal
justice
system
constitutional
right
person
accused
capital
offense
effective
assistance
counsel
first
whether
capital
defendant
attorney
duty
disclose
representing
defendant
alleged
victim
time
murder
second
whether
assuming
disclosure
prior
representation
capital
defendant
right
refuse
appointment
conflicted
attorney
third
whether
trial
judge
knows
know
prior
representation
duty
obtain
defendant
consent
appointing
lawyer
represent
ultimately
question
presented
case
whether
duties
exist
violated
exist
circumstances
likely
prejudice
accused
cost
litigating
effect
particular
case
unjustified
cronic
first
critical
stage
defense
capital
case
series
pretrial
meetings
accused
counsel
decide
case
defended
lawyer
possibly
determine
best
represent
new
client
unless
client
willing
provide
lawyer
truthful
account
relevant
facts
indigent
defendant
first
meets
newly
appointed
counsel
often
falsely
maintain
complete
innocence
truthful
disclosures
embarrassing
incriminating
facts
contingent
development
client
confidence
undivided
loyalty
lawyer
quite
obviously
knowledge
lawyer
represented
victim
substantial
obstacle
development
confidence
equally
true
lawyer
decision
conceal
important
fact
new
client
comparable
ramifications
suppression
communication
truncated
investigation
unavoidably
follow
decision
also
make
difficult
altogether
impossible
establish
necessary
level
trust
characterize
delicacy
relation
attorney
case
likely
mickens
misled
counsel
bryan
saunders
given
fact
mickens
gave
false
testimony
trial
denying
involvement
crime
despite
overwhelming
evidence
killed
timothy
hall
sexual
encounter
retrospect
seems
obvious
death
penalty
might
avoided
acknowledging
mickens
involvement
emphasizing
evidence
suggesting
sexual
encounter
consensual
mickens
habeas
counsel
garnered
evidence
suggesting
hall
male
prostitute
app
area
hall
killed
known
prostitution
evidence
hall
forced
secluded
area
ultimately
murdered
unconflicted
attorney
put
forward
defense
tending
show
mickens
killed
hall
two
engaged
consensual
sex
saunders
offered
defense
crucial
omission
finding
forcible
sodomy
absolute
prerequisite
mickens
eligibility
death
course
since
strategy
led
conviction
noncapital
offense
counsel
unable
persuade
defendant
divulge
information
necessary
support
defense
ultimately
endorse
strategy
unless
earned
complete
confidence
client
saunders
concealment
essential
information
prior
representation
victim
severe
lapse
professional
duty
lawyer
duty
disclose
representation
client
related
instant
charge
intuitively
obvious
old
profession
consider
straightforward
comment
made
justice
story
attorney
bound
disclose
client
every
adverse
retainer
even
every
prior
retainer
may
affect
discretion
latter
man
supposed
indifferent
knowledge
facts
work
directly
interests
bear
freedom
choice
counsel
client
employs
attorney
right
presume
latter
silent
point
engagements
interfere
degree
exclusive
devotion
cause
confided
interest
may
betray
judgment
endanger
fidelity
williams
reed
cas
cc
mickens
lawyer
violation
fundamental
obligation
disclosure
indefensible
relevance
saunders
prior
representation
hall
new
appointment
far
important
concealed
ii
defendant
found
guilty
capital
offense
ensuing
proceedings
determine
whether
put
death
critical
every
sense
word
proceedings
testimony
impact
crime
victim
including
testimony
character
victim
may
critical
effect
jury
decision
payne
tennessee
lawyer
fiduciary
relationship
deceased
client
survives
client
death
swidler
berlin
saunders
necessarily
labored
conflicting
obligations
irreconcilable
duty
protect
reputation
confidences
deceased
client
duty
impeach
impact
evidence
presented
saunders
conflicting
obligations
deceased
client
one
hand
living
client
unquestionably
sufficient
give
mickens
right
insist
different
right
counsel
guaranteed
constitution
contemplates
services
attorney
devoted
solely
interests
client
von
moltke
gillies
moreover
judgment
right
counsel
firmly
protected
constitution
defendant
right
recognized
faretta
california
iii
indigent
defendant
unable
retain
lawyer
trial
judge
appointment
counsel
critical
stage
criminal
trial
point
proceeding
definition
defendant
lawyer
protect
interests
must
rely
entirely
judge
reason
solemn
duty
judge
defendant
appears
without
counsel
make
thorough
inquiry
take
steps
necessary
insure
fullest
protection
constitutional
right
every
stage
proceedings
von
moltke
duty
respect
indigent
defendants
far
imperative
judge
duty
investigate
possibility
conflict
arises
retained
counsel
represents
either
multiple
successive
defendants
true
situation
retained
counsel
nless
trial
knows
reasonably
know
particular
conflict
exists
need
initiate
inquiry
cuyler
sullivan
true
case
judge
merely
reviewing
permissibility
defendants
choice
counsel
responsible
making
choice
knows
know
conflict
exist
duty
make
thorough
inquiry
manifest
indeed
far
less
compelling
circumstances
squarely
held
record
discloses
possibility
conflict
interests
defendants
interests
party
paying
counsel
fees
constitution
imposes
duty
inquiry
judge
even
objection
made
wood
georgia
iv
mickens
constitutional
right
services
attorney
devoted
solely
interests
right
violated
lawyer
represent
duty
disclose
prior
representation
victim
mickens
trial
judge
duty
violated
mickens
counsel
trial
judge
duty
make
thorough
inquiry
take
steps
necessary
insure
fullest
protection
right
counsel
von
moltke
despite
knowledge
lawyer
prior
representation
violated
duty
never
know
whether
mickens
received
death
penalty
violations
occurred
precisely
effect
saunders
representation
know
receive
kind
representation
constitution
guarantees
mickens
represented
never
passed
bar
examination
might
also
unable
determine
whether
impostor
educational
shortcomings
actually
affected
adequacy
representation
ante
emphasis
deleted
however
surely
set
aside
conviction
person
represented
real
lawyer
four
compelling
reasons
make
setting
aside
conviction
proper
remedy
case
first
remedy
dictated
holdings
holloway
arkansas
cuyler
sullivan
wood
georgia
line
precedent
focus
properly
upon
duty
trial
judge
inquire
potential
conflict
duty
triggered
either
via
defense
counsel
objection
case
holloway
special
circumstances
whereby
serious
potential
conflict
brought
attention
trial
judge
sullivan
unambiguously
stated
wood
sullivan
mandates
reversal
trial
failed
make
inquiry
even
though
knows
reasonably
know
particular
conflict
exists
reference
sullivan
shorthand
ante
rather
wood
cites
sullivan
explicitly
order
make
factual
distinction
circumstance
wood
judge
knows
know
conflict
showing
adverse
effect
required
sullivan
judge
lacked
knowledge
showing
required
wood
second
remedy
responds
real
possibility
mickens
received
death
penalty
represented
counsel
critical
stage
proceeding
first
met
lawyer
presume
lawyer
victim
brutal
homicide
incapable
establishing
kind
relationship
defendant
essential
effective
representation
third
remedy
consistent
legal
profession
historic
universal
condemnation
representation
conflicting
interests
without
full
disclosure
consent
interested
novel
na
assumption
lawyer
divided
loyalties
acceptable
unless
proved
actually
affected
counsel
performance
demeaning
profession
finally
justice
must
satisfy
appearance
justice
offutt
setting
aside
mickens
conviction
remedy
maintain
public
confidence
fairness
procedures
employed
capital
cases
death
different
kind
punishment
may
imposed
country
point
view
defendant
different
severity
finality
point
view
society
action
sovereign
taking
life
one
citizens
also
differs
dramatically
legitimate
state
action
vital
importance
defendant
community
decision
impose
death
sentence
appear
based
reason
rather
caprice
emotion
gardner
florida
rule
allows
state
foist
murder
victim
lawyer
onto
accused
capricious
poisons
integrity
adversary
system
justice
respectfully
dissent
walter
mickens
petitioner
john
taylor
warden
writ
certiorari
appeals
fourth
circuit
march
justice
souter
dissenting
judge
knows
know
counsel
criminal
defendant
facing
engaged
trial
potential
conflict
interests
obliged
enquire
potential
conflict
assess
threat
fairness
proceeding
see
wheat
wood
georgia
cuyler
sullivan
cf
holloway
arkansas
unless
judge
finds
risk
inadequate
representation
remote
concern
finds
defendant
intelligently
assumed
risk
waived
potential
sixth
fourteenth
amendment
claim
inadequate
counsel
must
see
lawyer
replaced
see
glasser
cf
wheat
supra
advisory
committee
notes
amendments
fed
rule
crim
proc
district
judge
reviewing
federal
habeas
petition
case
found
state
judge
appointed
bryan
saunders
represent
petitioner
mickens
capital
murder
charge
knew
known
obligations
stemming
saunders
prior
representation
victim
timothy
hall
potentially
conflicted
duties
entailed
defending
mickens
greene
supp
ed
state
judge
therefore
obliged
look
extent
risk
necessary
either
secure
mickens
knowing
intelligent
assumption
risk
appoint
different
lawyer
state
judge
however
nothing
discharge
constitutional
duty
care
one
case
devised
remedy
judicial
dereliction
held
ensuing
judgment
conviction
must
reversed
defendant
afforded
new
trial
holloway
supra
see
also
wood
supra
result
today
holds
instead
mickens
denied
remedy
saunders
failed
employ
formal
objection
means
bringing
home
appointing
judge
risk
conflict
ante
without
objection
majority
holds
mickens
get
relief
absent
showing
risk
turned
actual
conflict
adverse
effect
representation
provided
mickens
trial
ibid
objection
matter
even
without
objection
state
judge
knew
known
risk
therefore
obliged
enquire
objection
added
obligation
state
judge
failed
honor
majority
says
circumstances
like
us
already
held
objection
necessary
reversal
absent
proof
actual
conflict
adverse
effect
case
calls
simply
application
precedent
albeit
precedent
clearly
stated
ante
majority
position
error
resting
mistaken
reading
cases
three
point
holloway
arkansas
supra
cuyler
sullivan
supra
wood
georgia
supra
holloway
trial
judge
appointed
one
public
defender
represent
three
criminal
defendants
tried
jointly
three
weeks
trial
counsel
moved
separate
representation
held
hearing
denied
motion
ibid
lawyer
moved
appointment
separate
counsel
jury
empanelled
ground
one
two
defendants
considering
testifying
trial
event
one
lawyer
ability
inhibited
denied
motion
ibid
prosecution
rested
counsel
objected
joint
representation
third
time
advising
three
defendants
decided
testify
refused
appoint
separate
lawyers
defendants
gave
inconsistent
testimony
convicted
counts
held
motions
apprised
trial
judge
risk
continuing
joint
representation
subject
defense
counsel
pending
trial
impossible
obligations
simultaneously
furthering
conflicting
interests
several
defendants
reversed
convictions
basis
judge
failure
respond
prospective
conflict
without
showing
harm
particular
rejected
argument
defendant
tried
subject
disclosed
risk
show
actual
prejudice
caused
subsequent
conflict
pointed
conflicts
created
multiple
representation
characteristically
deterred
lawyer
taking
step
taken
unconflicted
explained
consequent
absence
footprints
often
render
proof
prejudice
virtually
impossible
next
came
cuyler
sullivan
involving
multiple
representation
two
retained
lawyers
three
defendants
jointly
indicted
separately
tried
sullivan
defendant
first
trial
consented
joint
representation
lawyers
retained
two
accused
afford
counsel
ibid
sullivan
convicted
murder
two
acquitted
subsequent
trials
counsel
made
objection
multiple
representation
trial
ibid
convicted
defendant
argue
trial
judge
otherwise
knew
known
risk
described
holloway
counsel
representation
might
impaired
conflicting
obligations
defendants
tried
later
held
multiple
representation
raise
enough
risk
impaired
representation
coming
trial
trigger
trial
duty
enquire
absence
special
circumstances
obvious
special
circumstance
objection
see
holloway
supra
indeed
multiple
representation
suspect
per
se
counsel
best
position
anticipate
risk
conflict
spoke
one
point
though
nothing
objection
place
notice
prospective
conflict
cuyler
defendant
raised
objection
trial
must
demonstrate
actual
conflict
interest
adversely
affected
lawyer
performance
omitted
also
explained
courts
must
rely
counsel
large
measure
exclusively
spoke
general
terms
duty
enquire
arises
trial
knows
reasonably
know
particular
conflict
exists
ibid
omitted
accordingly
rest
result
simply
failure
counsel
object
said
instead
othing
circumstances
case
indicates
trial
duty
inquire
whether
conflict
interest
ibid
reason
held
respondent
bound
show
conflict
interest
actually
affected
adequacy
representation
different
burdens
holloway
cuyler
defendants
consistent
features
coherent
scheme
dealing
problem
conflicted
defense
counsel
prospective
risk
conflict
subject
judicial
notice
treated
differently
retrospective
claim
completed
proceeding
tainted
conflict
although
trial
judge
derelict
duty
guard
problem
comes
trial
attention
potential
conflict
become
actual
duty
act
prospectively
assess
risk
risk
remote
eliminate
render
acceptable
defendant
knowing
intelligent
waiver
duty
something
general
responsibility
rule
without
committing
legal
error
affirmative
obligation
investigate
disclosed
possibility
defense
counsel
unable
act
uncompromised
loyalty
client
judge
failure
fulfill
duty
care
enquire
might
necessary
holloway
remedied
vacating
defendant
subsequent
conviction
error
occurred
judge
failed
act
remedy
restored
defendant
position
occupied
judge
taken
reasonable
steps
fulfill
obligation
problem
conflict
comes
judicial
attention
prospectively
fact
defendant
must
show
actual
conflict
adverse
consequence
order
get
relief
cuyler
supra
fairness
requires
nothing
judge
fault
allowing
trial
proceed
even
though
fraught
hidden
risk
light
majority
holds
today
bears
repeating
coherent
scheme
established
holloway
cuyler
nothing
legally
crucial
objection
defense
counsel
tell
trial
judge
conflicting
interests
may
impair
adequacy
counsel
representation
counsel
objection
holloway
important
fact
sufficient
put
judge
notice
enquire
cases
take
objection
alert
trial
judge
prospective
conflict
cuyler
reaffirmed
judge
obliged
take
reasonable
prospective
action
whenever
timely
objection
made
also
indicated
objection
required
matter
law
unless
trial
knows
reasonably
know
particular
conflict
exists
need
initiate
enquiry
made
clear
beyond
cavil
months
later
justice
powell
justice
wrote
cuyler
opinion
explained
wood
georgia
cuyler
mandates
reversal
trial
failed
make
inquiry
even
though
knows
reasonably
know
particular
conflict
exists
emphasis
original
since
district
case
found
state
judge
notice
prospective
potential
conflict
supp
case
calls
nothing
application
prospective
notice
rule
announced
exemplified
holloway
confirmed
cuyler
wood
remedy
judge
dereliction
duty
order
vacating
conviction
affording
new
trial
majority
eyes
conclusion
takes
insufficient
account
wood
whatever
may
sensible
scheme
staked
holloway
cuyler
defendant
burden
turning
whether
apprised
conflicts
problem
prospectively
retrospectively
majority
says
wood
holds
distinction
cases
counsel
objected
cases
regardless
whether
trial
put
notice
prospectively
way
objection
record
see
ante
wood
according
majority
trial
notice
objection
record
defendant
required
show
actual
conflict
adverse
effect
wood
easy
read
believe
majority
misreads
first
step
toward
seeing
majority
goes
wrong
recall
wood
said
outright
quoted
cuyler
mandates
reversal
trial
failed
make
inquiry
even
though
knows
reasonably
know
particular
conflict
exists
statement
trial
judge
obligation
like
statement
cuyler
quoted
said
nothing
need
objection
record
true
says
majority
statement
dictum
disregarded
inconsistent
wood
holding
ante
polite
way
saying
wood
know
stated
general
rule
reversal
failure
enquire
notice
holloway
turned
around
held
failure
called
reversal
defendant
demonstrated
actual
conflict
cuyler
happened
wood
hold
absence
objection
cuyler
rule
governs
even
judge
prospectively
notice
risk
conflicted
counsel
careful
attention
wood
shows
case
involve
prospective
notice
risk
unrealized
held
nothing
general
rule
govern
circumstances
wood
decide
deal
possible
conflict
interests
becomes
known
trial
conclusion
trial
proceeding
may
occurred
becomes
known
later
habeas
judge
handed
sentences
trial
set
probation
months
later
appeals
exhausted
held
probation
revocation
proceeding
months
wood
defendants
convicted
distributing
obscene
material
employees
adult
bookstore
theater
trials
defended
privately
retained
counsel
ordered
pay
fines
sentenced
prison
terms
suspended
favor
probation
condition
pay
fines
installments
failed
wood
indicated
end
proceeding
determine
whether
probation
revoked
defendants
failure
pay
judge
notice
defense
counsel
might
laboring
conflict
interests
defendant
employees
employer
possibly
early
time
sentences
originally
handed
nearly
two
years
earlier
app
wood
georgia
mar
sentencing
see
wood
supra
revocation
hearing
earlier
stages
proceedings
fines
high
original
sentencing
assumption
must
store
theater
owner
pay
defense
counsel
paid
employer
least
trial
state
pointed
possible
conflict
judge
counsel
attacking
fines
equal
protection
argument
weakened
strategy
obviously
defendants
interest
requesting
reduce
fines
defer
collection
enough
according
wood
tell
judge
defense
counsel
may
acting
owner
desire
test
case
equal
protection
rather
defendants
interests
avoiding
ruinous
fines
incarceration
ibid
significant
thus
described
circumstances
putting
judge
notice
complete
revocation
hearing
finished
nearly
two
years
sentencing
judge
knew
lawyer
relying
heavily
equal
protection
instead
arguments
leniency
help
defendants
noted
counsel
stated
sent
letter
trial
sentencing
saying
fines
defendants
afford
move
obviously
defendants
interest
hand
reference
equal
protection
taken
reflection
employer
interest
occur
end
revocation
hearing
see
app
brief
opposition
wood
georgia
transcript
probation
revocation
hearing
wood
also
knew
motion
stressing
equal
protection
filed
defense
counsel
two
weeks
revocation
hearing
day
probation
revoked
defendants
locked
app
wood
georgia
joint
motions
modify
conditions
probation
order
filed
since
view
counsel
emphasis
equal
protection
claim
one
facts
together
put
judge
notice
something
amiss
since
record
shows
clear
counsel
favoring
equal
protection
argument
earliest
close
revocation
hearing
likely
day
filed
motion
two
weeks
later
meant
judge
put
notice
conflict
may
actually
occurred
potential
conflict
might
occur
point
saw
two
facts
judge
needed
know
determine
whether
actual
disqualifying
conflict
whether
concern
interest
employer
weakened
lawyer
arguments
leniency
whether
defendants
informed
conflict
waived
rights
unconflicted
counsel
course
position
resolve
remaining
issues
first
instance
whether
lawyer
failure
press
aggressively
leniency
caused
conflicting
interest
example
never
explored
trial
level
record
consult
deciding
wood
two
established
procedural
models
look
holloway
procedure
vacating
judge
failed
enquire
prospective
conflict
cuyler
procedure
determining
whether
conflict
may
well
occurred
actually
occurred
adverse
effect
treating
case
like
cuyler
remanding
obviously
correct
choice
wood
like
holloway
judge
put
notice
risk
trial
prospective
possibility
conflict
rather
much
closer
cuyler
since
notice
went
conflict
one
pervaded
completed
trial
proceeding
extending
two
years
difference
wood
cuyler
wood
signs
conflict
may
occurred
clear
judge
close
probation
revocation
proceeding
whereas
claim
conflict
cuyler
raised
judgment
separate
habeas
proceeding
see
duty
wood
judge
enquire
past
happened
two
years
earlier
sentencing
setting
probation
months
later
ensuing
failures
pay
testimony
already
given
revocation
hearing
like
responsibility
state
federal
habeas
courts
reviewing
record
cuyler
postconviction
proceedings
see
since
wood
judge
duty
unlike
holloway
judge
obligation
take
care
future
made
sense
wood
impose
holloway
remedy
disposition
wood
therefore
raises
doubt
consistency
wood
contrary
majority
conclusion
see
ante
tension
acknowledging
rule
reversal
applied
judge
fails
enquire
known
risk
prospective
conflict
wood
time
sending
wood
case
back
determination
actual
past
conflict
wood
simply
followed
confirmed
scheme
established
holloway
cuyler
risk
conflict
appears
proceeding
held
completed
judge
fails
make
prospective
enquiry
remedy
vacate
subsequent
judgment
defendant
see
holloway
possibility
conflict
appear
proceeding
enquiry
must
retrospective
defendant
must
show
actual
conflict
adverse
effect
see
cuyler
supra
wood
affect
conclusion
reached
basis
holloway
cuyler
case
comes
us
finding
judge
appointed
saunders
knew
known
risk
conflicted
owing
prior
appointment
represent
victim
crime
supp
see
supra
therefore
follow
law
settled
today
vacating
conviction
affording
mickens
new
trial
ii
since
majority
leave
law
however
question
whether
merit
rule
adopts
treating
breaches
judge
duty
enquire
prospective
conflicts
differently
depending
whether
defense
counsel
explicitly
objected
distinction
irrational
face
creates
scheme
incentives
judicial
vigilance
weakest
cases
presenting
greatest
risk
conflict
unfair
trial
reduces
judicial
duty
enquire
many
empty
words
obvious
reason
reject
majority
rule
starts
accepted
view
trial
judge
placed
notice
risk
prospective
conflict
obligation
something
holloway
supra
majority
expressly
repudiate
duty
see
ante
clear
cavil
go
without
saying
best
time
deal
known
threat
basic
guarantee
fair
trial
trial
proceeded
become
unfair
see
holloway
supra
glasser
judge
duty
conduct
hearing
competency
stand
trial
absurd
suggest
judge
sit
quiescent
face
apparent
risk
lawyer
conflict
render
representation
illusory
formal
trial
waste
time
emotion
good
deal
public
money
bad
enough
failure
act
early
raises
specter
confronted
holloway
failures
part
conflicted
counsel
elude
demonstration
fact
simply
often
consist
happen
defendant
fairly
saddled
characteristically
difficult
burden
proving
adverse
effects
conflicted
decisions
fact
judicial
system
blame
tolerating
risk
conflict
burden
indefensible
judge
notice
risk
nothing
much
stake
matter
judge
learns
whatever
point
risk
anyone
paying
attention
course
objection
conscientious
lawyer
suffices
put
notice
holloway
probably
run
cases
nothing
short
objection
raise
specter
trouble
sometimes
judge
need
formal
objection
see
risk
conflict
federal
habeas
finding
case
shows
supp
pretend
contrary
fact
judge
never
perceive
risk
unless
lawyer
points
excuse
judge
breach
judicial
duty
lawyer
fallen
ethics
short
competence
transforming
factually
sufficient
trigger
formal
objection
legal
necessity
responding
breach
judicial
duty
irrational
irrationality
mitigated
government
effort
analogize
majority
objection
requirement
general
rule
absence
plain
error
litigants
get
relief
error
without
objection
government
amicus
argues
making
formal
objection
crucial
judges
ones
obliged
take
care
integrity
system
defendants
counsel
need
inducements
help
courts
timely
warnings
brief
fallacy
government
argument
however
books
since
wood
decided
see
unlikely
lawyer
conflict
interest
charge
focused
concede
continued
improperly
act
counsel
objection
requirement
works
elsewhere
objecting
lawyer
believes
sights
error
committed
judge
opposing
counsel
see
vonn
slip
error
judge
rule
plea
colloquy
hardly
motive
depend
risk
error
one
created
lawyer
acting
subject
risk
conflict
vacated
en
banc
law
conflicted
counsel
face
fact
one
leading
cases
arose
trial
counsel
may
well
kept
silent
conflicts
obtuseness
inattention
sake
deliberately
favoring
third
party
interest
clients
case
comes
us
reason
suspect
saunders
suppressed
conflicts
sake
second
fee
case
getting
public
attention
perceptive
conscientious
lawyer
holloway
needs
nothing
ethical
duty
induce
objection
venal
lawyer
apt
reformed
general
rule
says
client
easier
time
reversing
conviction
road
lawyer
calls
attention
irrationality
taxing
defendants
heavier
burden
silent
lawyers
naturally
produces
equally
irrational
scheme
incentives
operating
judges
judge
duty
independent
objection
described
cuyler
wood
made
concrete
reversal
failure
honor
plain
fact
specter
reversal
failure
enquire
risk
incentive
trial
judges
keep
eyes
peeled
lawyers
wittingly
otherwise
play
loose
loyalty
clients
fundamental
guarantee
fair
trial
see
wheat
cf
pate
reversal
remedy
state
trial
judge
failure
discharge
duty
ensure
competency
stand
trial
incentive
needed
least
defense
counsel
points
risk
formal
objection
needed
lawyer
keeps
risk
quite
possibly
majority
rule
however
precisely
latter
situation
judge
incentive
take
care
ebb
objection
record
convicted
defendant
get
relief
without
showing
adverse
effect
minimizing
possibility
later
reversal
consequent
inducement
judicial
makes
sense
rule
makes
sense
unless
real
point
case
eliminate
judge
constitutional
duty
entirely
cases
certainly
practical
consequence
today
holding
defendant
burden
prove
adverse
effect
prospect
reversal
whether
judge
reason
know
risk
every
reason
know
short
explicit
latter
case
duty
explicitly
described
cuyler
wood
becomes
matter
words
devoid
sanction
ceases
duty
duty
vanishes
sensible
regime
defendant
burden
conflict
claims
took
account
opportunities
ensure
conflicted
counsel
first
place
convicted
defendants
two
alternative
avenues
show
entitlement
relief
defendant
might
first
point
facts
indicating
judge
knew
known
particular
conflict
wood
quoting
cuyler
risk
chance
play
adverse
result
carry
burden
show
trial
judge
fallen
duty
guard
conflicts
prospectively
defendant
required
show
perspective
observer
looking
back
allegedly
conflicted
representation
actual
conflict
interests
adverse
effect
first
route
preventive
meant
avoid
waste
costly
litigation
risk
clear
easily
avoidable
reasonably
vigilant
trial
judge
second
retrospective
markedly
heavier
burden
justified
judiciary
fault
least
alleviated
dispensing
need
show
prejudice
today
former
system
skewed
recognizing
judicial
responsibility
judge
duty
applies
holloway
objection
fails
induce
resolutely
obdurate
judge
take
action
upon
explicit
complaint
lawyer
facing
impossible
demands
place
forsaken
judicial
obligation
expect
litigation
like
case
guide
added
time
expense
unlikely
purchase
much
confidence
judicial
respectfully
dissent
walter
mickens
petitioner
john
taylor
warden
writ
certiorari
appeals
fourth
circuit
march
justice
breyer
justice
ginsburg
joins
dissenting
commonwealth
virginia
seeks
put
petitioner
walter
mickens
death
appointed
represent
counsel
lawyer
time
murder
representing
person
mickens
accused
killing
believe
case
one
categorical
approach
warranted
automatic
reversal
required
put
matter
language
previously
used
appointing
lawyer
represent
mickens
commonwealth
created
structural
defect
affecting
framework
within
trial
sentencing
proceeds
rather
simply
error
trial
process
arizona
fulminante
parties
spend
great
deal
time
disputing
precedents
holloway
arkansas
cuyler
sullivan
wood
georgia
resolve
case
precedents
involve
significance
trial
judge
failure
inquire
judge
knew
known
potential
conflict
majority
dissenting
opinions
dispute
meaning
cases
well
although
express
view
time
precedents
treat
claims
involving
alleged
conflict
interest
matter
whether
holloway
sullivan
wood
provide
sensible
coherent
framework
dealing
cases
convinced
case
governed
precedents
following
reasons
first
kind
representational
incompatibility
egregious
face
mickens
represented
murder
victim
lawyer
lawyer
represented
victim
criminal
matter
lawyer
representation
victim
continued
one
business
day
lawyer
appointed
represent
defendant
second
conflict
exacerbated
fact
occurred
capital
murder
case
capital
case
evidence
submitted
sides
regarding
victim
character
may
easily
tip
scale
jury
choice
life
death
yet
even
extensive
investigation
proceedings
often
prove
difficult
impossible
determine
whether
prior
representation
affected
defense
counsel
decisions
regarding
example
avenues
take
investigating
victim
background
witnesses
call
type
impeachment
undertake
arguments
make
jury
language
use
characterize
victim
general
matter
basic
strategy
adopt
sentencing
stage
given
subtle
forms
prejudice
might
take
consequent
difficulty
proving
actual
prejudice
significant
likelihood
nonetheless
occur
lawyer
represents
accused
killer
victim
cost
litigating
existence
actual
prejudice
particular
case
easily
justified
cf
cronic
explaining
need
categorical
approach
event
actual
breakdown
adversarial
process
third
commonwealth
created
conflict
first
place
indeed
judge
dismissed
case
victim
appointed
victim
lawyer
represent
mickens
one
business
day
later
light
judge
active
role
bringing
incompatible
representation
sure
concept
judge
duty
inquire
thought
central
case
inquiry
trial
judge
shed
light
conflict
obvious
face
matter
namely
lawyer
represent
mickens
today
lawyer
yesterday
represented
mickens
alleged
victim
criminal
case
kind
breakdown
criminal
justice
system
creates
minimum
appearance
proceeding
reliably
serve
function
vehicle
determination
guilt
innocence
resulting
criminal
regarded
fundamentally
fair
fulminante
supra
appearance
together
likelihood
prejudice
typical
case
serious
enough
warrant
categorical
rule
rule
require
proof
prejudice
individual
case
commonwealth
complains
argument
relies
heavily
immediate
visceral
impact
learning
lawyer
previously
represented
victim
current
client
brief
respondent
visceral
impact
however
arises
obvious
unusual
nature
conflict
arises
fact
commonwealth
seeks
execute
defendant
provided
defendant
lawyer
yesterday
represented
victim
view
carry
death
sentence
obtained
invariably
diminis
faith
fairness
integrity
criminal
justice
system
young
ex
rel
vuitton
et
fils
plurality
opinion
cf
olano
need
correct
errors
seriously
affect
fairness
integrity
public
reputation
judicial
say
diminish
public
confidence
criminal
justice
system
upon
successful
functioning
system
continues
depend
therefore
dissent
footnotes
justice
breyer
rejects
holloway
arkansas
cuyler
sullivan
wood
georgia
sensible
coherent
framework
dealing
case
post
dissenting
opinion
proposes
instead
categorical
rule
post
breakdown
criminal
justice
system
creates
appearance
proceeding
reliably
serve
function
vehicle
determination
guilt
innocence
resulting
criminal
punishment
regarded
fundamentally
fair
ibid
internal
quotation
marks
omitted
reversal
must
decreed
without
proof
prejudice
seems
us
less
categorical
rule
decision
restatement
issue
decided
holloway
sullivan
wood
establish
framework
precisely
framework
thought
identify
situations
conviction
reasonably
regarded
fundamentally
fair
believe
eminently
performs
function
case
hand
justice
breyer
mistaken
think
otherwise
think
otherwise
proper
regard
judicial
function
especially
function
must
lay
rules
followed
innumerable
cases
unable
review
counsel
propose
sensible
coherent
framework
rather
merely
saying
prior
representation
victim
plus
capital
nature
case
plus
judicial
appointment
counsel
see
post
strikes
producing
result
regarded
fundamentally
fair
rule
law
expression
ad
hoc
fairness
judgment
disagree
order
circumvent
sullivan
clear
language
justice
stevens
suggests
trial
must
scrutinize
representation
appointed
counsel
closely
representation
retained
counsel
post
dissenting
opinion
already
rejected
notion
sixth
amendment
draws
distinction
proper
respect
sixth
amendment
disarms
contention
defendants
retain
lawyers
entitled
less
protection
defendants
state
appoints
counsel
vital
guarantee
sixth
amendment
stand
little
often
uninformed
decision
retain
particular
lawyer
reduce
forfeit
defendant
entitlement
constitutional
protection
cuyler
sullivan
petitioner
longer
argues
justice
souter
post
dissenting
opinion
sixth
amendment
requires
reversal
conviction
without
inquiry
whether
potential
conflict
judge
investigated
real
compare
en
banc
tr
oral
arg
courts
appeals
read
wood
georgia
establishing
outright
reversal
mandated
trial
neglects
duty
inquire
potential
conflict
interest
see
campbell
rice
ciak
see
brien
wood
says
sullivan
preclude
raising
problem
apparent
record
sullivan
mandates
reversal
trial
failed
make
requisite
inquiry
wood
supra
statements
made
response
dissent
contention
majority
opinion
gone
beyond
cuyler
sullivan
reaching
claim
raised
neither
petition
certiorari
state
courts
see
white
dissenting
extent
mandates
reversal
statement
goes
beyond
assertion
mere
jurisdiction
reverse
dictum
dictum
inconsistent
disposition
wood
reverse
vacate
remand
trial
conduct
inquiry
omitted
justice
souter
labors
suggest
wood
remand
order
part
coherent
scheme
post
automatic
reversal
required
trial
judge
fails
inquire
potential
conflict
apparent
proceeding
held
completed
defendant
must
demonstrate
adverse
effect
judge
fails
inquire
conflict
apparent
end
proceeding
post
problem
carefully
concealed
coherent
scheme
case
ever
mentioned
wood
decree
automatic
reversal
even
though
found
possibility
conflict
interest
sufficiently
apparent
time
revocation
hearing
impose
upon
duty
inquire
second
emphasis
added
indeed
state
actually
notified
judge
potential
conflict
interest
uring
probation
revocation
hearing
justice
souter
statement
signs
conflict
may
occurred
clear
judge
close
probation
revocation
proceeding
post
became
apparent
counsel
neglected
strategy
obviously
defendants
interest
requesting
reduce
fines
defer
collection
post
accurately
phrased
effect
conflict
upon
counsel
performance
clear
judge
close
probation
revocation
proceeding
justice
stevens
asserts
reading
presumably
justice
souter
reading
well
post
wrong
post
wood
requires
petitioner
show
real
conflict
existed
affected
counsel
performance
post
unambiguously
stated
conviction
must
reversed
whenever
trial
fails
investigate
potential
conflict
post
citing
wood
explained
earlier
supra
dictum
simply
contradicts
remand
order
wood
used
actual
conflict
interest
elsewhere
mean
required
shown
sullivan
see
cronic
presumed
prejudice
counsel
labors
actual
conflict
interest
see
cuyler
sullivan
used
conflict
interest
mean
division
loyalties
affected
counsel
performance
holloway
follows
record
disclosed
stewart
failed
government
witness
whose
testimony
linked
glasser
conspiracy
failed
object
admission
arguably
inadmissible
evidence
failure
viewed
result
stewart
desire
protect
kretske
interests
thus
indicative
stewart
struggle
serve
two
masters
identifying
conflict
interests
declined
inquire
whether
prejudice
flowing
harmless
instead
ordered
glasser
conviction
reversed
emphasis
added
thus
sullivan
standard
properly
read
requiring
inquiry
actual
conflict
something
separate
apart
adverse
effect
actual
conflict
sixth
amendment
purposes
conflict
interest
adversely
affects
counsel
performance
federal
rule
criminal
procedure
provides
whenever
two
defendants
jointly
charged
pursuant
rule
joined
trial
pursuant
rule
represented
retained
assigned
counsel
retained
assigned
counsel
associated
practice
law
shall
promptly
inquire
respect
joint
representation
shall
personally
advise
defendant
right
effective
assistance
counsel
including
separate
representation
unless
appears
good
cause
believe
conflict
interest
likely
arise
shall
take
measures
may
appropriate
protect
defendant
right
counsel
footnotes
sixth
amendment
provides
criminal
prosecutions
accused
shall
enjoy
right
assistance
counsel
defence
protection
applicable
state
well
federal
criminal
proceedings
gideon
wainwright
long
recognized
paramount
importance
right
effective
assistance
counsel
cronic
rights
accused
person
right
represented
counsel
far
pervasive
affects
ability
assert
rights
may
citation
omitted
williams
reed
cas
cc
discussing
necessity
full
disclosure
preservation
relationship
justice
story
stated
agree
doctrine
urged
bar
delicacy
relation
client
attorney
duty
full
frank
free
disclosure
latter
every
circumstance
may
presumed
material
merely
interests
fair
exercise
judgment
client
guilt
phase
trial
judge
instructed
mickens
jury
follows
find
commonwealth
failed
prove
beyond
reasonable
doubt
killing
occurred
commission
subsequent
attempted
forcible
sodomy
find
malicious
willful
deliberate
premeditated
killing
shall
find
defendant
guilty
first
degree
murder
find
defendant
guilty
first
degree
murder
shall
fix
punishment
imprisonment
life
specific
term
imprisonment
less
twenty
years
app
example
time
hall
death
saunders
representing
hall
juvenile
charges
arising
incident
involving
hall
mother
sworn
warrant
hall
arrest
charging
assault
battery
despite
knowledge
mickens
lawyer
offered
rebuttal
statement
submitted
hall
mother
lived
boy
app
group
experts
legal
ethics
acting
amici
curiae
submit
conflict
issue
case
nonwaivable
pursuant
standard
articulated
aba
ann
model
rules
professional
conduct
ed
brief
legal
ethicists
et
al
amici
curiae
standard
test
determine
conflict
whether
disinterested
lawyer
conclude
client
agree
representation
circumstances
quoting
model
rule
comment
unfortunately
mickens
informed
fact
appointed
attorney
lawyer
alleged
victim
questions
whether
mickens
waived
conflict
consented
appointment
whether
governing
standards
professional
responsibility
precluded
remain
unanswered
although
conflict
case
plainly
intolerable
course
suggest
every
conflict
every
violation
code
ethics
violation
constitution
hen
defendant
chooses
lawyer
manage
present
case
law
tradition
may
allocate
counsel
power
make
binding
decisions
trial
strategy
many
areas
allocation
justified
however
defendant
consent
outset
accept
counsel
representative
unwanted
counsel
represents
defendant
tenuous
unacceptable
legal
fiction
unless
accused
acquiesced
representation
defense
presented
defense
guaranteed
constitution
real
sense
defense
part
iii
opinion
foray
issue
implicated
question
presented
dicta
sullivan
may
even
apply
first
place
successive
representations
ante
courts
appeals
however
applied
sullivan
claims
successive
representation
well
insidious
conflicts
arising
lawyer
see
cases
cited
ante
done
see
wood
georgia
applying
sullivan
conflict
stemming
payment
arrangement
neither
courts
appeals
applied
standard
unblinkingly
accuses
ante
rather
relied
upon
principled
reason
conflict
interest
whether
multiple
successive
otherwise
poses
substantial
risk
lawyer
representation
materially
adversely
affected
diverging
interests
loyalties
trial
judge
knows
yet
fails
inquire
ircumstanc
magnitude
likelihood
lawyer
even
fully
competent
one
provide
effective
assistance
small
presumption
prejudice
appropriate
without
inquiry
actual
conduct
trial
cronic
dispute
us
appointing
judge
knowledge
assumed
arguendo
judge
upon
hall
death
dismissed
saunders
representation
hall
three
days
later
appointed
saunders
represent
mickens
killing
hall
reasonably
known
saunders
labored
potential
conflict
interest
arising
previous
representation
hall
assumption
challenged
disagree
assertion
inquiry
mandated
cuyler
sullivan
aid
determination
conflict
effect
ante
stated
evil
counsel
advocate
finds
compelled
refrain
making
difficult
judge
intelligently
impact
conflict
attorney
representation
client
holloway
arkansas
adequate
inquiry
appointing
trial
judge
augment
record
thereby
making
easier
evaluate
impact
conflict
concedes
mickens
attorney
objected
appointment
based
upon
conflict
interest
trial
judge
failed
inquire
reversal
without
inquiry
adverse
effect
required
ante
addition
ignoring
mandate
wood
reads
sullivan
narrowly
sullivan
ask
whether
objection
made
order
ascertain
whether
trial
duty
inquire
rather
stated
othing
circumstances
case
indicates
trial
duty
inquire
whether
conflict
interest
provision
separate
trials
sullivan
codefendants
significantly
reduced
potential
divergence
interests
participant
sullivan
trial
ever
objected
multiple
representation
facts
conclude
sixth
amendment
imposed
upon
trial
affirmative
duty
inquire
propriety
multiple
representation
also
counter
precedent
treat
sixth
amendment
challenges
involving
conflicts
interest
categorically
without
inquiry
surrounding
factual
circumstances
cronic
cited
holloway
example
case
involving
surrounding
circumstances
making
unlikely
lawyer
provide
effective
assistance
ineffectiveness
properly
presumed
without
inquiry
actual
performance
trial
cronic
surrounding
circumstances
present
case
far
egregious
requiring
reversal
either
holloway
wood
appointing
judge
knew
conflict
need
case
decide
done
judge
neither
knows
know
existence
intolerable
conflict
nevertheless
argues
makes
little
sense
reverse
automatically
upon
showing
actual
conflict
trial
judge
knows
reasonably
know
potential
conflict
yet
failed
inquire
trial
judge
know
conflict
ante
although
true
defendant
faces
potential
harm
result
conflict
either
instance
former
case
committed
error
latter
harm
entirely
attributable
misconduct
defense
counsel
requirement
defendant
show
adverse
effect
committed
error
surely
justify
requirement
err
rule
leads
anomalous
result
analysis
defense
counsel
objects
appointment
reversal
without
inquiry
adverse
effect
required
ante
counsel
failure
object
posed
greater
lesser
threat
mickens
sixth
amendment
right
saunders
objected
appointment
mickens
least
apprised
conflict
every
state
bar
country
ethical
rule
prohibiting
lawyer
undertaking
representation
involves
conflict
interest
unless
client
waived
conflict
university
publications
america
national
reporter
legal
ethics
professional
responsibility
vols
reprinting
professional
responsibility
codes
see
also
aba
ann
model
rule
professional
responsibility
pp
comments
general
proposition
loyalty
client
prohibits
undertaking
representation
directly
adverse
client
without
client
consent
loyalty
client
also
impaired
lawyer
consider
recommend
carry
appropriate
course
action
client
lawyer
responsibilities
interests
footnotes
parties
dispute
appointing
judge
case
knew
reasonably
known
saunders
represented
hall
assault
battery
charges
brought
mother
separate
charge
time
murder
lodging
app
name
bryan
saunders
large
handwritten
letters
prominently
visible
appointed
lawyer
docket
sheet
four
inches
judge
signed
name
wrote
remove
docket
def
endant
deceased
judge
called
saunders
next
business
day
ask
favor
represent
person
charged
killed
victim
app
enough
mickens
arrest
warrants
apparently
judge
appointed
saunders
charged
mickens
murder
march
timothy
jason
hall
white
male
age
mickens
greene
supp
ed
judge
circumstances
thrust
unusual
position
appoint
counsel
notorious
capital
case
certainly
knew
reason
know
possibility
saunders
representation
murder
victim
start
previous
business
day
may
created
risk
impairing
representation
mickens
upcoming
murder
trial
constitutional
rule
binding
state
courts
thus
lenient
rule
federal
rules
criminal
procedure
provides
whenever
two
defendants
jointly
charged
pursuant
rule
joined
trial
pursuant
rule
represented
retained
assigned
counsel
retained
assigned
counsel
associated
practice
law
shall
promptly
inquire
respect
joint
representation
shall
personally
advise
defendant
right
effective
assistance
counsel
including
separate
representation
unless
appears
good
cause
believe
conflict
interest
likely
arise
shall
take
measures
may
appropriate
protect
defendant
right
counsel
see
wheat
particular
conflict
clearly
referring
risk
conflict
detectable
horizon
rather
actual
conflict
already
adversely
affected
defendant
representation
cited
quoted
holloway
arkansas
held
judge
obligated
enquire
risk
prospective
conflict
reading
confirmed
cuyler
subsequent
terminology
trial
judge
cuyler
duty
enquire
particular
conflict
upon
notice
multiple
representation
alone
convicted
defendant
get
relief
without
showing
actual
conflict
adverse
effect
course
judge
gets
wind
conflict
trial
may
enquire
directions
prospectively
assess
risk
conflict
lawyer
remains
place
risk
requiring
removal
mistrial
conversely
judge
may
enquire
retrospectively
see
whether
conflict
actually
affected
defendant
adversely
see
infra
trial
judge
presided
stage
proceedings
see
app
wood
georgia
state
indicated
defense
counsel
labored
possible
conflict
interests
employer
defendants
conflict
issue
wood
perspective
state
objection
though
relevant
fact
alerting
judge
like
fact
multiple
representation
cuyler
sullivan
sufficient
put
judge
notice
constitutional
duty
enquire
particular
conflict
state
counsel
suggested
arguing
forgiveness
fines
owing
inability
pay
defense
counsel
merely
trying
protect
employer
obligation
defendants
pay
fines
app
brief
opposition
wood
georgia
transcript
probation
revocation
hearing
forgiveness
fines
interests
employer
defendants
aligned
state
lawyer
argued
nonetheless
counsel
allegiance
employer
prevented
pressing
employer
honor
obligation
pay
suggested
judge
appoint
separate
counsel
enforce
judge
enquire
alleged
conflict
accepted
defense
counsel
rejoinder
conflict
relevant
hearing
whether
probation
revoked
inability
pay
agreement
pay
fines
violating
law
surely
unenforceable
matter
public
policy
majority
thus
mistaken
claim
state
objection
sufficed
put
notice
duty
enquire
particular
conflict
interest
wood
see
ante
unless
majority
means
say
mention
imagined
conflict
sufficient
put
judge
notice
duty
enquire
full
universe
possible
conflicts
one
point
quarter
way
hearing
defense
counsel
said
think
universal
rule
fourteenth
amendment
constitution
legal
protection
lock
accused
failure
pay
fine
inability
inability
pay
fine
person
crucial
point
honor
person
like
quote
bennett
versus
harper
incapable
paying
fine
rather
refusing
neglecting
app
brief
opposition
wood
georgia
defense
counsel
also
cited
two
equal
protection
decisions
tate
short
williams
illinois
may
well
meant
say
equal
protection
rather
legal
protection
latter
fact
garbled
transcription
seems
unlikely
wood
referring
statement
said
counsel
pressing
constitutional
attack
rather
making
arguments
leniency
made
supplement
replace
appeals
leniency
based
specific
financial
situations
individual
defendants
phrasing
remand
instruction
confirms
conclusion
wood
perceived
duty
enquire
neglected
judge
retrospective
nature
state
remand
hold
hearing
determine
whether
conflict
interest
record
strongly
suggests
actually
existed
time
probation
revocation
earlier
vantage
point
another
compelling
reason
suspecting
conflict
interests
fact
employer
apparently
paid
appeal
counsel
argued
equal
protection
question
course
unknown
judge
revocation
hearing
certainly
cause
reasonable
disagreement
issue
justice
white
pointed
absent
relevant
evidence
record
reasonable
employer
might
refused
pay
defendants
longer
employees
longer
owned
adult
establishments
dissenting
opinion
indeed
counsel
said
longer
paid
employer
representation
defendants
put
probation
white
dissenting
case
order
vacate
commitment
order
based
probation
violation
perhaps
even
antecedent
fine
see
majority
opinion
government
contends
requiring
showing
adverse
effect
cases
provide
defense
disincentive
bring
conflicts
attention
trial
since
remaining
silent
afford
defendant
reliable
ground
reversal
event
conviction
brief
amicus
curiae
argument
course
force
whatsoever
case
venal
conflicted
lawyer
remains
silent
personal
obtuse
lawyer
stays
silent
recognize
conflict
life
depended
precisely
lawyers
presenting
danger
cases
savvy
ethical
lawyer
comply
professional
duty
disclose
conflict
concerns
even
assuming
unlikely
case
savvy
lawyer
recognizes
potential
conflict
know
sure
whether
object
timely
basis
matter
professional
ethics
objection
record
still
reliable
factually
sufficient
trigger
judicial
duty
enquire
dereliction
result
reversal
therefore
beyond
realm
reasonable
conjecture
suggest
lawyer
forgo
objection
chance
postconviction
proceedings
may
find
alternative
factual
basis
giving
rise
duty
enquire
lest
anyone
wary
rule
requiring
reversal
failure
enquire
notice
onerous
check
trial
judges
survey
courts
appeals
already
applying
holloway
rule
cases
shows
commendable
measure
restraint
respect
circumstances
fellow
judges
state
federal
trial
courts
finding
duty
enquire
violated
truly
outrageous
cases
see
campbell
rice
reversing
conviction
holloway
trial
judge
failed
enquire
prosecutor
indicated
defense
counsel
arraigned
prosecutor
office
felony
drug
charges
rogers
reversing
conviction
district
failed
enquire
notice
counsel
defendant
alleging
police
misconduct
police
commissioner
allen
finding
magistrate
judge
reasonably
enquired
joint
representation
codefendants
entered
group
guilty
plea
reversing
district
failed
enquire
defense
counsel
later
gave
list
rank
ing
defendants
relative
culpability
majority
rule
defendants
cases
proved
actual
conflict
interests
adversely
affected
representation
particularly
galling
light
first
two
cases
majority
surprising
unnecessary
intimation
conflicts
jurisprudence
available
somehow
less
important
allege
conflicts
contexts
multiple
representation
see
ante
requiring
criminal
defendant
prove
conflict
adverse
effect
cases
makes
sense
presumption
sixth
amendment
right
ineffective
assistance
counsel
core
nothing
utilitarian
right
unprofessional
errors
detectable
effects
outcome
see
ante
also
follows
defects
assistance
probable
effect
upon
trial
outcome
establish
constitutional
violation
view
exception
holloway
objection
cases
turns
solely
theory
harm
safely
presumed
counsel
objects
avail
sign
danger
see
ante
strickland
washington
held
specific
standard
quite
appropriate
spoke
instead
sixth
amendment
right
one
assistance
counsel
undermines
reliability
result
proceeding
confidence
outcome
holloway
said
conflict
objection
made
unheeded
conviction
must
reversed
even
particular
prejudice
shown
even
defendant
clearly
guilty
internal
quotation
marks
citation
omitted
clear
strickland
holloway
right
ineffective
assistance
counsel
much
public
confidence
professionalism
lawyers
results
legal
proceedings
revelation
trusted
advocate
place
client
interest
interests
self
others
satisfaction
professional
responsibilities
destroy
confidence
regardless
outcome
whether
adverse
effect
shown
question
accepted
address
issue
beyond
noting
case
adverse
effect
appears
compelling
least
two
respects
trial
saunders
admittedly
failed
even
discuss
mickens
trial
strategy
reasonable
doubt
forcible
sex
element
without
death
sentencing
option
app
see
also
vein
saunders
apparently
failed
follow
leads
looking
evidence
victim
engaged
prostitution
even
though
victim
body
found
mattress
area
illicit
sex
common
lodging
app
may
doubt
whether
failures
result
incompetence
litigation
strategy
rather
conflicting
duty
loyalty
victim
self
avoid
professional
censure
failing
disclose
conflict
risk
mickens
though
strategic
choice
seems
unlikely
given
saunders
even
raise
possibility
consent
defense
option
considered
little
doubt
course
second
instance
alleged
adverse
effect
saunders
knew
fact
victim
mother
initiated
charges
assault
battery
son
died
saunders
appointed
defend
charges
yet
saunders
nothing
counter
mother
assertion
statement
given
trial
judge
lived
boy
see
also
app
saunders
failed
see
mother
statement
rebutted
apparent
explanation
failure
offer
rebuttal
knew
except
obtained
information
victim
counsel
subject
obligation
confidentiality