Whether an unwaivable conflict arises when counsel and client are implicated in the same crime, and if so, what procedural and substantive standards apply to such a conflict

QUESTIONS PRESENTED In Cuyler v. Sullivan, 446 U.S. 335 (1980), this Court held that a defendant alleging ineffective assistance of counsel based on a lawyer’s conflict of interest need not demonstrate prejudice to obtain relief. Instead, a defendant need only show that an “actual conflict of interest adversely affected his lawyer’s performance.” Id. at 350 The questions presented in this Petition are: 1. Whether an unwaivable conflict, of the type at issue in Cuyler v. Sullivan, arises when counsel and his client are implicated in the same crime. 2. When counsel is implicated with their client in the same crime, whether the trial court must make findings of fact at an evidentiary hearing before determining whether a per se conflict exists. 38. When an unwaivable conflict is found, whether counsel’s assistance is per-se ineffective. “it