(Download) "Lucas v. Sullivan" by Eleventh Circuit U.S. Court of Appeals # Book PDF Kindle ePub Free
eBook details
- Title: Lucas v. Sullivan
- Author : Eleventh Circuit U.S. Court of Appeals
- Release Date : January 14, 1990
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
A defendants lawyer, laboring under a conflict of interest, may deprive a defendant of the sixth amendment right to counsel during a criminal trial. The United States Supreme Court has stated that counsel is constitutionally ineffective if: 1) counsel faced an actual conflict of interest, and 2) that conflict "adversely affected" counsels representation of the defendant. Strickland v. Washington, 466 U.S. 668, 692, 104 S. Ct. 2052, 2067, 80 L. Ed. 2d 674 (1984) (quoting Cuyler v. Sullivan, 446 U.S. 335, 350, 348, 100 S. Ct. 1708, 1719, 1718, 64 L. Ed. 2d 333 (1980)); LoConte v. Dugger, 847 F.2d 745, 754 (11th Cir.), cert. denied, 488 U.S. 958, 109 S. Ct. 397, 102 L. Ed. 2d 386 (1988). James McConico Jr. appeals the denial of his petition for habeas corpus based on ineffective assistance of counsel due to a conflict of interest. After an evidentiary hearing, a federal magistrate found no actual conflict of interest and no adverse effect. The district court adopted the magistrates findings and denied relief. We disagree with both findings. Therefore we reverse and remand for a new trial.
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