· 9/15/1999
Lewis J. Atley, A/K/A Gary J. Semeniuk v. John F. Ault, Warden, Asp, and the State of Iowa
Citations
- 191 F.3d 865
- 1999 U.S. App. LEXIS 23006
- 1999 WL 714636
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- indicating that Cuyler’s rule is not limited to joint representation situations
- “To the extent that ‘inferior’ federal courts have decided factually similar cases, reference to those decisions is appropriate in assessing the reasonableness of the state court’s resolution of the disputed issue.”
- “[W]hen a trial court fails to discharge its constitutional duty to determine whether the defendant is receiving assistance of counsel unburdened by a conflict of interest, prejudice is presumed and reversal of the conviction is automatic.”
- “[W]hen a trial court fails to discharge its constitutional duty to determine whether the defendant is receiving assistance of counsel unburdened by a conflict of interest, prejudice is presumed and reversal of the conviction is automatic.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Beam, Arnold, Kyle
Read full opinion on CourtListenerSourced 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.