United States Second Circuit

Where there was an unwaivable, actual conflict of interest between defense counsel and one defendant, such that loyalties to another client caused counsel to forego a "plausible alternative defense strategy," the conflict adversely affected representation resulting in ineffective assistance of counsel. That, coupled with the jury's prejudicial exposure to extrinsic information during jury deliberations, required vacation of defendant's convictions for civil rights violations and conspiracy. Additionally, other defendants' convictions were reversed due to lack of evidence.

Appellate Information

• Argued 07/19/2001
• Decided 02/28/2002
• Published 02/28/2002

Judges

• JOHN M. WALKER, JR., Chief Judge., Before:  WALKER, Chief Judge, CABRANES, and STRAUB, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Mark F. Pomerantz, Paul, Weiss, Rifkind, Wharton & Garrison (Clifford Chance Rogers & Wells LLP and Newman & Greenberg, on the brief), New York, NY, for Amicus Curiae The New York Council of Defense Lawyers.


• For Appellees:
  
• Diarmuid White (Brendan White, Ronald P. Fischetti, and Mark L. Freyberg on the brief), New York, NY, for Defendant-Appellant Schwarz., Richard M. Asche, Litman, Asche & Gioiella, LLP (Russell M. Gioiella and Howard S. Weiner, Litman, Asche & Gioiella, LLP, and Joseph Tacopina, Joseph Tacopina, P.C., on the brief), New York, NY, for Defendant-Appellant Wiese., Jeremy Gutman (Stuart London, Worth Longworth Bamundo & London, on the brief) New York, NY, for Defendant-Appellant Bruder., Barbara D. Underwood, Chief Assistant United States Attorney (Loretta E. Lynch, United States Attorney for the Eastern District of New York, Alan M. Vinegrad, David C. James, and Lauren Resnick, Assistant United States Attorneys, on the brief), Brooklyn, NY, for Appellee.