Evan C. Wilhelm v. Ricky D. Dixon, Secretary, Florida Department of Corrections
DueProcess HabeasCorpus
Whether prejudice should be presumed when a conflict of interest forces Counsel to choose between denigrating their own performance on behalf of their client or protecting their professional reputation?
QUESTION PRESENTED Whether prejudice should be presumed when a conflict of interest forces Counsel to choose . between denigrating their own performance on behalf of their client or protecting their professional reputation? Considering this Court’s holding in Christeson v. Roper, 574 U.S. 373, 135 8.Ct. 891, 190 L. Ed. 2d 763 (2015), Mr. Wilhelm argues that the presumption of prejudice established in Cuyler v. Sullivan, 446 U.S. 335, 100 S. Ct. 1708, 64 L. Ed. 2d 333 (1980), is warranted in the exceptional circumstance where Counsel has missed a client’s deadline and the only viable strategy for his client is to admit fault and publically denigrate his or her own performance. i