What is the test for an ineffective assistance claim based on a conflict of interest?
The following excerpt is from Guerrero v. U.S., 186 F.3d 275 (2nd Cir. 1998):
4. When an ineffective assistance claim is based on an asserted conflict of interest, "a defendant is entitled to a presumption of prejudice if he can demonstrate that his attorney labored under an actual conflict of interest and that the actual conflict of interest adversely affected his lawyer's performance." United States v. White, 174 F.3d 290, 295 (2d Cir. 1999).
4. When an ineffective assistance claim is based on an asserted conflict of interest, "a defendant is entitled to a presumption of prejudice if he can demonstrate that his attorney labored under an actual conflict of interest and that the actual conflict of interest adversely affected his lawyer's performance." United States v. White, 174 F.3d 290, 295 (2d Cir. 1999).
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