No. 23-5509

Vincent D. White, Jr. v. Michael Phillips, Warden

Lower Court: Sixth Circuit
Docketed: 2023-09-01
Status: Denied
Type: IFP
Response WaivedIFP
Tags: adverse-effect concurrent-conflict conflict-of-interest constitutional-rights criminal-defense criminal-procedure due-process habeas-corpus hearsay-evidence ineffective-assistance 23-5508" mickens-standard post-conviction-relief sixth-amendment state-court trial-counsel Whether a state court's denial of post-conviction
Key Terms:
HabeasCorpus
Latest Conference: 2023-10-06
Question Presented (AI Summary)

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?

Question Presented (from Petition)

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

Docket Entries

2023-10-10
Petition DENIED.
2023-09-14
DISTRIBUTED for Conference of 10/6/2023.
2023-09-06
Waiver of right of respondent Michael Phillips to respond filed.
2023-08-29
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due October 2, 2023)

Attorneys

Michael Phillips
Michael Jason HendershotOhio Attorney General's Office, Respondent
Michael Jason HendershotOhio Attorney General's Office, Respondent
Vincent D. White, Jr.
Charles Mark Pickrell — Petitioner
Charles Mark Pickrell — Petitioner