McClelland
United States v. McClelland
Opinion
Lead Opinion
MEMORANDUM *
The district court did not err in vacating Defendant-Appellee Jennifer McClelland’s (“McClelland”) conviction and sentence.
Under the Sixth Amendment, a criminal defendant has the right to conflict-free counsel. Wood v. Georgia, 450 U.S. 261, 271 , 101 S.Ct. 1097 , 67 L.Ed.2d 220 (1981). Accordingly, defense counsel owe their clients a “duty to avoid conflicts of interests.” Strickland v. Washington, 466 U.S. 668, 688 , 104 S.Ct. 2052 , 80 L.Ed.2d 674 (1984).
“In order to establish a violation of the Sixth Amendment [based on a conflict of interest], a defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affect *743 ed his lawyer’s performance.” Cuyler v. Sullivan, 446 U.S. 335, 348 , 100 S.Ct. 1708 , 64 L.Ed.2d 333 (1980). A defendant who makes this showing need not show prejudice to the outcome of the trial. Id. at 349-50 , 100 S.Ct. 1708 .
Thus, “[t]o show an actual conflict resulting in an adverse effect, [a defendant] must demonstrate that some plausible alternative defense strategy or tactic might have been pursued but was not and that the alternative defense was inherently in conflict with or not…