Skip to main content
· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.