Vincent D. White, Jr. v. Michael Phillips, Warden
HabeasCorpus
Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneously representing clients accused of crimes in the same locality?
QUESTIONS PRESENTED 1. Whether a criminal-defense attorney, under indictment on charges of rape, kidnapping, and sexual assault, has a conflict of interest when simultaneously representing clients accused of crimes in the same locality? 2. Whether the Sixth Amendment is violated by a known concurrent conflict of interest on the part of trial counsel, requiring "automatic reversal" on federal habeas review, absent a waiver of the conflict and absent any inquiry into the conflict by the trial court? 3. Whether the "adverse effect" test for successive, potentially adverse clients, as used by the Court in Mickens v. Taylor, 535 U.S. 162 (2002), is also appropriate for Sixth Amendment cases involving a known or apparent concurrent conflict of interest? i