In the Interest of K.H., I.H., Z.H., and L.H. v. the State of Texas

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that the petitioner specifical ly must demonstrate that the conflicts “affected the counsel’s performance, as opposed to a mere theoretical division of loyalties.”
• holding that the “trial court’s failure to make the [Cuyler ]-mandated inquiry does not reduce the petitioner’s burden of proof * * * to void the conviction”
• holding that Sullivan's presumed prejudice standard is established only when the conflict of interest arises out of multiple concurrent representation
• holding that absent objection asserting conflict, or inquiry into potential conflict by the trial court, petitioner must show an actual conflict of interest that adversely affected counsel’s performance
• noting that we have \presumed [prejudicial] effec[t] where assistance of counsel has been denied entirely or during a critical stage of the proceeding\
• noting that we have “presumed [prejudicial] effec[t] where assistance of counsel has been denied entirely or during a critical stage of the proceeding”

Source: CourtListener parenthetical corpus (CC0).