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· 1/23/2004

Paula McFarland v. Joan Yukins

Citations

  • 356 F.3d 688
  • 2004 U.S. App. LEXIS 982
  • 2004 WL 103013

How courts have described this case

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

  • noting that Mickens ‘‘changed the terminology, but not the substance’’ of test under Sulli- van
  • observing that while a defendant has an interest in conflict-free counsel, as well as “to proceed with counsel of [his] own choice,” he “cannot have it both ways by asking for reversal or habeas corpus on the basis of representation that he or she acceded to during trial”
  • “[T]here is no proof of adverse effect . . . if the lawyer was ignorant of the facts giving rise to the conflict[.]” (citation modified)
  • “Counsel’s failure to raise an issue on appeal could only be ineffective assistance if there is a reasonable probability that inclusion of the issue would have changed the result of the appeal.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Daughtrey, Gilman, Gibson

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.