Does the mere "possibility of conflict" constitute a conflict of interest in a criminal case?
MultiRegion, United States of America
The following excerpt is from Stenson v. Lambert, 504 F.3d 873 (9th Cir. 2007):
the mere "possibility of conflict is insufficient to impugn a criminal conviction." Cuyler v. Sullivan, 446 U.S. 335, 350, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980). In order to demonstrate an actual conflict of interest, the defendant must show that his attorney was actively representing conflicting interests and that the conflict adversely affected the attorney's performance. Id. at 348-50, 100 S.Ct. 1708.
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