05/03/2005
Ineffective Assistance of Counsel Claim Premised Upon a Conflict of Interest Based Upon a Single Criminal Defense Attorney's Representation of Father and Son Requires Specific Supporting Evidence and May Not Be Based on Speculation
Eisemann v. Herbert, 401 F.3d 102 (2nd Cir. 2005)

Brief Summary

Although the Second Circuit applies the more lenient plausible strategy standard in assessing ineffective assistance claims based on a conflict of interest, evidence in the record is nonetheless required. Speculation, even if plausible, will not suffice to set aside a conviction regardless of how egregious the conflict may appear to be.
Hinshaws Lawyers for the ProfessionSM Alert can also be viewed at http://www.lawyeringlaw.com.
See All Articles