· 2/9/1998
Gary Lee Hess v. J.F. Mazurkiewicz, Supt. The Attorney General of the Commonwealth of Pennsylvania
Citations
- 135 F.3d 905
- 1998 U.S. App. LEXIS 1766
- 1998 WL 47647
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- recognizing that to establish an actual conflict, a defendant “must identify a plausible defense strategy that could have been pursued, and show that this alternative strategy inherently conflicted with, or was rejected due to, [counsel’s] other loyalties or interests”
- holding counsel’s failure “to call [a witness] to testify regarding alleged inconsistencies in the victims’ accounts . . . was a reasonable trial strategy, [given that the] testimony would alert the jury to” information harmful to the defendant
- “If the accused can establish only a potential conflict of interest, prejudice must be proved.”
- “[A] different legal analysis governs whether an actual conflict of interest adversely affects legal representation[.]”
Source: CourtListener parenthetical corpus (CC0).
Judges: Scirica, Lewis, Pollak
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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