United States Sixth Circuit
McElrath v. Simpson, 07-5505
In habeas proceedings claiming ineffective assistance of counsel, district court's denial is reversed and remanded with instructions to conditionally grant the writ where counsel's joint or dual representation of defendant and co-defendant resulted in an actual conflict that affected defendant's representation in violation of his Sixth Amendment rights.
Appellate Information
- Argued 01/21/2010
- Decided 02/12/2010
- Published 02/12/2010
Judges
- Before GUY, CLAY, and KETHLEDGE, Circuit Judges.
Court
- United States Sixth Circuit
Counsel
- For Appellees:
- ARGUED:Christopher Nelson Lasch, Suffolk University Law School, Boston, Massachusetts, for Appellant. Matthew Robert Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee. ON BRIEF:Christopher Nelson Lasch, Suffolk University Law School, Boston, Massachusetts, for Appellant. Matthew Robert Krygiel, Office of the Kentucky Attorney General, Frankfort, Kentucky, for Appellee.