McElrath v. Simpson, No. 07-5505

In habeas proceedings claiming ineffective assistance of counsel, district court's denial is reversed and remanded with instructions to conditionally grant the writ where counsel's joint or dual representation of defendant and co-defendant resulted in an actual conflict that affected defendant's representation in violation of his Sixth Amendment rights.  

Read  McElrath v. Simpson, No. 07-5505

Appellate Information

Argued: January 21, 2010

Decided and Filed: February 12, 2010

Judges

Opinion by Circuit Judge  Guy

Counsel

For Appellant:  Christopher Nelson Lasch, Suffolk University Law School

For Appellee:    Matthew Robert Krygiel, Office of the Kentucky Attorney General