What is the test for establishing that a conflict of interest adversely affected counsel's performance at trial?

The showing of some adverse consequence is not the same as prejudice but is necessary before prejudice can be presumed. Prejudice requires a probability that the outcome of trial would have been different. In contrast, an adverse consequence requires a likelihood that counsel's performance somehow would have been different. See Miskinis, 966 F.2d at 1268; Thomas v. Foltz, 818 F.2d 476, 480 n. 3 (6th Cir.1987). To establish that a conflict of interest adversely affected counsel's performance, the defendant must show that the conflict "likely" affected counsel's conduct of particular aspects of the trial or counsel's advocacy on behalf of the defendant. Miskinis, 966 F.2d at 1268. This showing of some adverse consequence is necessary because an attorney may harbor a conflict but nevertheless provide exemplary representation. Without a showing that the alleged conflict had some adverse effect on the attorney's performance, it will not be presumed that the conflict caused prejudice to the outcome of trial.