Pamela Lynn Perillo v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

How courts have described this case

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

• discussing the conflict of interest present when a defendant’s trial counsel also represents a witness against the defendant
• “Assuming the defendant establishes an actual conflict that adversely affected counsel’s performance, prejudice is presumed without any further inquiry into the effect of the actual conflict on the outcome of the defendant’s trial.”
• “Where, however, defense counsel’s involvement in the prior representation was either transient or insubstantial, we have been less inclined to find an actual conflict.”
• defense counsel represented two defendants in separate criminal trials arising from same acts and same capital murder charge
• doctrine is a matter of judicial discretion rather than judicial power when a court is reviewing its own prior decision
• ‘‘actual conflict exists when defense counsel is compelled to compromise his or her duty of loyalty or zealous advocacy to the accused by choosing between or blending the divergent or competing inter- ests of a former or current client’’ (internal quotation marks omitted)

Source: CourtListener parenthetical corpus (CC0).