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United States Eighth Circuit


KOSTE v. DORMIRE, 00-3791

A claim of conflict of interest, where counsel worked in same office as attorney against whom defendant had an ineffective assistance claim arising from a prior conviction, is not entitled to automatic reversal, rather defendant must show actual deficient performance and that the deficiency was causally connected to the conflict of interest.

Appellate Information

  • Decided 10/07/2003
  • Published 10/07/2003

Judges

  • MCMILLIAN, Circuit Judge., Before McMILLIAN, RICHARD S. ARNOLD and CYNTHIA HOLCOMB HALL, Circuit Judges.

Court

  • United States Eighth Circuit

Counsel

  • For Appellant:
  • Benicia Baker-Livorsi, argued, St. Charles, MO, for appellant.

  • For Appellees:
  • Michael J. Spillane, argued, Asst. Attorney General, Jefferson City, MO, for appellee.
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