Joseph Thomas v. Dale E. Foltz

How courts have described this case

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

• finding that an actual conflict adversely affected the voluntary nature of the defendant’s guilty plea after the attorney admitted that his joint representation of co-defendants affected his ability to negotiate on behalf of the defendant
• observing that “actual conflict” standard requires a defendant to show that counsel “made a choice between possible alternative courses of action, such as eliciting (or failing to elicit) evidence helpful to one client but harmful to the other” (citation omitted)
• reversing conviction of one of two co-defendants where proof of defense counsel’s actual conflict of interest existed
• appellants claiming ineffective assistance based on an actual conflict must “point to specific instances in the record” to “make a factual showing of inconsistent interests”

Source: CourtListener parenthetical corpus (CC0).