In habeas proceedings claiming ineffective assistance of counsel, district court's denial is reversed and remanded with instructions to conditionally grant the writ where counsel's joint or dual representation of defendant and co-defendant resulted in an actual conflict that affected defendant's representation in violation of his Sixth Amendment rights.
Argued: January 21, 2010
Decided and Filed: February 12, 2010
Opinion by Circuit Judge Guy
For Appellant: Christopher Nelson Lasch, Suffolk University Law School
For Appellee: Matthew Robert Krygiel, Office of the Kentucky Attorney General