What is the test for an actual conflict of interest?
MultiRegion, United States of America
The following excerpt is from Curshen v. United States, 13-2994 (2nd Cir. 2015):
To plausibly state an actual conflict of interest claim, a movant need only allege "(1) an actual conflict of interest that (2) adversely affected his counsel's performance." See United States v. Schwarz, 283 F.3d 76, 91 (2d Cir. 2002). Counsel has an actual conflict if "during the course of the representation, the attorney's and defendant's interests diverge with respect to a material factual or legal issue or to a course of action." Winkler v. Keane, 7 F.3d 304, 307 (2d
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