Whether the presumption of prejudice applies to conflict-of-counsel claims when the defense attorney is being prosecuted by the same agency prosecuting his client?

Question Presented The Sixth Amendment guarantees conflict-free counsel. When counsel labors under a conflict of interest that actually affects his representation, this Court has held, no further prejudice showing is necessary because a presumption of prejudice exists. This Court has not limited that presumption of prejudice to concurrent conflicting interests between clients, even though this Court’s cases mostly deal with that situation. Rather, the presumption applies whenever counsel actively represents conflicting interests. The Ninth Circuit below, however, held that clearly established federal law does not apply this presumption to conflicts between the attorney’s own interest and the client’s interests—here that Conrad’s defense attorney was being prosecuted by the same agency as Conrad. Instead, the Ninth Circuit held, such a conflict claim suffers from a retroactivity problem. Therefore, the questions presented are: Whether the presumption of prejudice applies to conflict-ofcounsel claims when the defense attorney is being prosecuted by the same agency prosecuting his client? If so, is that clearly established by this Court’s case law?