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defendantattorneylawyertrialtestimonyhabeas corpusdefense attorney
defendantattorneylawyerappealtestimonyhabeas corpuswillcross-examination

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Sullivan v. Cuyler, 723 F.2d 1077

Facts

John Sullivan was indicted for the first-degree murders of John Gorey and Rita Janda, with the evidence against him being primarily circumstantial. The trial revealed that Sullivan's defense attorneys also represented his co-defendants, which raised concerns about a potential conflict of interest. Sullivan's conviction was affirmed by the Pennsylvania Supreme Court, but he later sought federal habeas corpus relief, claiming ineffective assistance of counsel due to this conflict.

Sullivan was indicted with Gregory Carchidi and Anthony DiPasquale for the first degree murders of John Gorey and Rita Janda. The evidence against him was entirely circumstantial, consisting primarily of the testimony of Francis McGrath—a janitor at the union hall where the bodies were discovered.

Issue

Whether there was sufficient evidence to support Sullivan's conviction for first-degree murder and whether the representation by two attorneys of both the petitioner and his co-defendants created a conflict of interest that violated his Sixth Amendment right to effective assistance of counsel.

Two primary questions are presented by this appeal and cross appeal from the district court's conditional grant of a state prisoner's petition for writ of habeas corpus: (1) whether there was sufficient evidence to support petitioner's conviction for first degree murder; and (2) whether representation by two attorneys of both the petitioner and his co-defendants created a conflict of interest violative of petitioner's sixth amendment right to effective assistance of counsel.

Rule

To prove a conflict of interest violative of the Sixth Amendment, a claimant must demonstrate (1) multiple representation that (2) created an actual conflict of interest that (3) adversely affected the lawyer's performance.

To prove a conflict of interest violative of the sixth amendment, a claimant must prove (1) multiple representation that (2) created an actual conflict of interest that (3) adversely affected the lawyer's performance.

Analysis

The court found that the defense attorneys' decision not to call a key witness, who could have provided exculpatory testimony, was influenced by their dual representation of co-defendants. This constituted an actual conflict of interest that adversely affected Sullivan's defense, as the attorneys prioritized the interests of the co-defendant over Sullivan's right to a fair trial.

The district court determined that decision resulted from an actual conflict of interest. Testimony by Peruto on cross-examination, credited by both the magistrate and the district court, supports this determination.

Conclusion

The district court's decision to grant Sullivan's petition for a writ of habeas corpus was affirmed, as the court found that an actual conflict of interest adversely affected his counsel's performance.

The judgment of the district court granting a writ of habeas corpus specifically conditioned in its order will be affirmed.

Who won?

John Sullivan prevailed in the case because the court determined that his attorneys' dual representation created an actual conflict of interest that adversely affected his defense.

Sullivan presents several instances in which he alleges that an actual conflict of interest arose, to-wit: (1) defense counsel's failure to call witnesses outside the union hall when the shooting occurred; (2) their failure to call Hession—the union treasurer—to impeach McGrath by corroborating Sullivan's reasons for being in the union hall; (3) their decision to advise Sullivan not to testify on his own behalf; and (4) their failure to call Carchidi to testify.

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