Mary Ellen Samuels v. Janel Espinoza, Warden
HabeasCorpus
Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where an actual conflict of interest adversely affects a lawyer's performance?
QUESTIONS PRESENTED 1. Did the California Supreme Court unreasonably fail to apply clearly established Supreme Court precedent that requires prejudice to be presumed where an actual conflict of interest adversely affects a lawyer’s performance? 2. Did the California Supreme Court unreasonably distort clearly established Supreme Court precedent in finding no ineffective assistance of counsel on the basis that trial counsel might have a sound strategy reason for his misfeasance, where the record refutes any such strategy? -i5220858.1 00147/03