Whether the Third Circuit erroneously extended Cuyler v. Sullivan

QUESTION PRESENTED FOR REVIEW WHETHER THE THIRD CIRCUIT ERRONEOUSLY EXTENDED THIS COURT’S DECISION IN CUYLER V. SULLIVAN, 446 U.S. 335 (1980) BY HOLDING THAT EVEN WHERE A TRIAL COURT IS MADE AWARE OF AN ATTORNEY CONFLICT OF INTEREST, BUT FAILS TO MAKE A TIMELY INQUIRY, IN VIOLATION OF DUE PROCESS, THE DEFENDANT MUST STILL PROVE THE EXISTENCE OF AN ACTUAL CONFLICT OF INTEREST AND PREJUDICE TO ESTABLISH A DENIAL OF THEIR SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL. -i