The same judge then called Saunders the next business day to ask if he would "do her a favor" and represent the only person charged with having killed the victim. The District Court concluded that the prosecution's case, coupled with the defendant's insistence on testifying, foreclosed the strategies suggested by petitioner after the fact. Hence, if an investment bank takes any actions which are in their own interest but not in the interest of their client, then such an action can be called a "conflict of interest.". order now. In 1920, psychologist John Watson and his future wife, Rosalind Rayner, experimented on an infant to prove the theory of classical conditioning. This is a polite way of saying that the Wood Court did not know what it was doing; that it stated the general rule of reversal for failure to enquire when on notice (as in Holloway), but then turned around and held that such a failure called for reversal only when the defendant demonstrated an actual conflict (as in Cuyler). The Laboratory is contractually required to be free of actual or apparent conflicts of interest. By "particular conflict" the Court was clearly referring to a risk of conflict detectable on the horizon rather than an "actual conflict" that had already adversely affected the defendant's representation. 15 Nov 2022 Book Stop Ignoring Bad Behavior: 6 Tips for Better Ethics at Work by Pamela Reynolds Here are some of the most newsworthy business and commercial disputes of 2013 - This was a year that saw many hardball tactics backfire, costly legal battles were waged, and many negotiated agreements were ripped to shreds. In place of the forsaken judicial obligation, we can expect more time-consuming post-trial litigation like this, and if this case is any guide, the added time and expense are unlikely to purchase much confidence in the judicial system.13. See United States v. Cronic, 466 U.S. 648, 662, n.31 (1984) ("[W]e have presumed prejudice when counsel labors under an actual conflict of interest . Id., at 478-480. To the extent the "mandates a reversal" statement goes beyond the assertion of mere jurisdiction to reverse, it is dictum--and dictum inconsistent with the disposition in Wood, which was not to reverse but to vacate and remand for the trial court to conduct the inquiry it had omitted. The relevance of Saunders' prior representation of Hall to the new appointment was far too important to be concealed. Compare Standard and Premium Digital here. 1979, No. Contact us. Nor, finally, is automatic reversal simply an appropriate means of enforcing Sullivan's mandate of inquiry. Bernie Madoff's scam is one of the most famous examples of a Ponzi scheme, which takes advantage of consumer suspicions and fears about the banking industry. We are angry about our incompetent, dysfunctional government that pays no attention to the desires of the people. Id., at 14-17. The remedy for the judge's dereliction of duty should be an order vacating the conviction and affording a new trial. See Nix v. Whiteside, 475 U.S. 157, 165 (1986) ("[B]reach of an ethical standard does not necessarily make out a denial of the Sixth Amendment guarantee of assistance of counsel"). Former -client conflict. 2d, at 607 ("[T]he record shows that other facts foreclosed presentation of consent as a plausible alternative defense strategy"). Song, Band, Use. In a capital case, the evidence submitted by both sides regarding the victim's character may easily tip the scale of the jury's choice between life or death. True, says the majority, but the statement was dictum to be disregarded as "inconsistent" with Wood's holding. A director owes a duty to avoid conflicts of interests, including through the exploitation of a corporate opportunity. The problem with this carefully concealed "coherent scheme" (no case has ever mentioned it) is that in Wood itself the court did not decree automatic reversal, even though it found that "the possibility of a conflict of interest was sufficiently apparent at the time of the revocation hearing to impose upon the court a duty to inquire further." Conflicts of interest impact decisions to close borders, implement quarantines, impose lockdowns, stagger reopenings, enforce social distancing and mandate mask-wearing. 79-6027 ("Joint Motions to Modify Conditions of Probation Order--Filed Feb. 12, 1979"). The judge's duty independent of objection, as described in Cuyler and Wood, is made concrete by reversal for failure to honor it. Along with the OPM victims, CyberTech represents clients from some of the OPM breach suspect companies in unrelated cases, which could appear to be a conflict of interest. "Conflicts of Interest: are . 3-14. Wood was not like Holloway, in which the judge was put on notice of a risk before trial, that is, a prospective possibility of conflict. His lab conducts basic and applied sciences and attracts a steady stream of extramural funds. Russia's weaponisation of its gas and oil exports bolstered the case for an energy transition already made urgent by climate change. Without inquiry, the trial court had denied counsel's motions for the appointment of separate counsel and had refused to allow counsel to cross-examine any of the defendants on behalf of the other two. In a six-page decision written by Associate Justice Edgardo L. delos . A University of Maryland, College Park professor faces conflict of interest questions after he used university letterhead to send his legal opinion in his role as a consultant to a labor union. 297. Currently, Spence is an advisor to the . This reading is confirmed by the Cuyler Court's subsequent terminology: Because the trial judge in Cuyler had had no duty to enquire into "a particular conflict" upon notice of multiple representation alone, the convicted defendant could get no relief without showing "actual conflict" with "adverse effect." We have long recognized the paramount importance of the right to effective assistance of counsel. However, it only found 11 actual cases of conflict of interest between 1 October and 31 December 2020. Id., at 14. When conflict stems from honest and open listening, disagreement can be a good thing, say Francesca Gino and Julia Minson. Moreover, petitioner's proposed rule of automatic reversal makes little policy sense. With no objection on record, a convicted defendant can get no relief without showing adverse effect, minimizing the possibility of a later reversal and the consequent inducement to judicial care.11 This makes no sense. The Wood footnote says that Sullivan does not preclude "raising a conflict-of-interest problem that is apparent in the record" and that "Sullivan mandates a reversal when the trial court has failed to make [the requisite] inquiry." Pate, 383 U.S., at 386-387 (reversal as remedy for state trial judge's failure to discharge duty to ensure competency to stand trial). Had Saunders objected to the appointment, Mickens would at least have been apprised of the conflict. Most Courts of Appeals, however, have applied Sullivan to claims of successive representation as well as to some insidious conflicts arising from a lawyer's self-interest. Why, then, pretend contrary to fact that a judge can never perceive a risk unless a lawyer points it out? Ibid. Although it is true that the defendant faces the same potential for harm as a result of a conflict in either instance, in the former case the court committed the error and in the latter the harm is entirely attributable to the misconduct of defense counsel. ("[T]he record here confirms that Saunders did not learn any confidential information from Hall that was relevant to Mickens' defense either on the merits or at sentencing" (emphasis deleted)). (Emphasis added.). This is not to suggest that one ethical duty is more or less important than another. Indeed, even if Saunders had learned relevant information, the District Court found that he labored under the impression he had no continuing duty at all to his deceased client. I-IV (2001) (reprinting the professional responsibility codes for the 50 States). as in the case of Apple. The Court had just cited and quoted Holloway v. Arkansas, 435 U.S. 475 (1978), which held that the judge was obligated to enquire into the risk of a prospective conflict, id., at 484. It is true that in a situation of retained counsel, "[u]nless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an inquiry." In dicta, the Court states that Sullivan may not even apply in the first place to successive representations. The majority says that in circumstances like those now before us, we have already held such an objection necessary for reversal, absent proof of actual conflict with adverse effect, so that this case calls simply for the application of precedent, albeit precedent not very clearly stated. See Cuyler, supra, at 349. If Mickens had been represented by an attorney-impostor who never passed a bar examination, we might also be unable to determine whether the impostor's educational shortcomings "`actually affected the adequacy of his representation." This is the famous 'cigarette on the pavement' discussion referred to You can still enjoy your subscription until the end of your current billing period. 11-16 in Wood v. Georgia, O.T. His strongest selling points were his vast experience, and willingness to provide the service for a percentage of the total construction cost. The Court's rule makes no sense unless, that is, the real point of this case is to eliminate the judge's constitutional duty entirely in no-objection cases, for that is certainly the practical consequence of today's holding. The declaration made in year 2007 are all. The first critical stage in the defense of a capital case is the series of pretrial meetings between the accused and his counsel when they decide how the case should be defended. Three are on point, Holloway v. Arkansas, supra; Cuyler v. Sullivan, supra; and Wood v. Georgia, supra. Williams v. Reed, 29 F.Cas. United States v. Cronic, 466 U.S. 648, 658 (1984). This case raises three uniquely important questions about a fundamental component of our criminal justice system--the constitutional right of a person accused of a capital offense to have the effective assistance of counsel for his defense.1 The first is whether a capital defendant's attorney has a duty to disclose that he was representing the defendant's alleged victim at the time of the murder. The trial judge's failure to inquire into a suspected conflict is not the kind of error requiring a presumption of prejudice. One of the company's directors saw a 'for sale . It is also counter to our precedent to treat all Sixth Amendment challenges involving conflicts of interest categorically, without inquiry into the surrounding factual circumstances. A look at the case of U.K. entity HS2, the taxpayer-owned company building Britain's new high-speed rail line, which recently revoked a key contract amid allegations of conflicts of interest involving the U.S. engineering firm CH2M. 397-398. Id., at 481. Without an objection, the majority holds, Mickens should get no relief absent a showing that the risk turned into an actual conflict with adverse effect on the representation provided to Mickens at trial. While a defendant can fairly be saddled with the characteristically difficult burden of proving adverse effects of conflicted decisions after the fact when the judicial system was not to blame in tolerating the risk of conflict, the burden is indefensible when a judge was on notice of the risk but did nothing. Unless the judge finds that the risk of inadequate representation is too remote for further concern, or finds that the defendant has intelligently assumed the risk and waived any potential Sixth or Fourteenth Amendment claim of inadequate counsel, the court must see that the lawyer is replaced. The constitutional question must turn on whether trial counsel had a conflict of interest that hampered the representation, not on whether the trial judge should have been more assiduous in taking prophylactic measures. See 74 F.Supp. This right has been accorded, we have said, "not for its own sake, but because of the effect it has on the ability of the accused to receive a fair trial." Third, it is the only remedy that is consistent with the legal profession's historic and universal condemnation of the representation of conflicting interests without the full disclosure and consent of all interested parties.13 The Court's novel and na ;ve assumption that a lawyer's divided loyalties are acceptable unless it can be proved that they actually affected counsel's performance is demeaning to the profession. See Lackawanna County District Attorney v. Coss, 532 U.S. 394, 406 (2001) (opinion of O'Connor, J.). Although the conflict in this case is plainly intolerable, I, of course, do not suggest that every conflict, or every violation of the code of ethics, is a violation of the Constitution. (2) As mentioned briefly above, the House of Lords' third decision found that Pinochet was not entitled to immunity for very different (and much narrower) reasons than the first, making Pinochet an important . Four compelling reasons make setting aside the conviction the proper remedy in this case. Holloway, supra, at 491; see also Wood, supra, at 272, n.18. Russia's weaponisation of its gas and oil exports bolstered the case for an energy transition already made urgent by climate change. 1979, No. Politics Jun 30, 2021 Cuyler v. Sullivan, 446 U.S. 335, 347 (1980).8 But when, as was true in this case, the judge is not merely reviewing the permissibility of the defendants' choice of counsel, but is responsible for making the choice herself, and when she knows or should know that a conflict does exist, the duty to make a thorough inquiry is manifest and unqualified.9 Indeed, under far less compelling circumstances, we squarely held that when a record discloses the "possibility of a conflict" between the interests of the defendants and the interests of the party paying their counsel's fees, the Constitution imposes a duty of inquiry on the state- court judge even when no objection was made. See Sullivan, supra, at 348-349. 3-7. App. 44(c), 18 U.S.C. 79-6027, at72 (transcript of Jan. 26, 1979, probation revocation hearing).6 The Wood Court also knew that a motion stressing equal protection was not filed by defense counsel until two weeks after the revocation hearing, on the day before probation was to be revoked and the defendants locked up, App. See id., at 605 ("[T]he record here reflects that, as far as Saunders was concerned, his allegiance to Hall, `[e]nded when I walked into the courtroom and they told me he was dead and the case was gone'") (quoting Hearing Tr. cookies But when the problem of conflict comes to judicial attention not prospectively, but only after the fact, the defendant must show an actual conflict with adverse consequence to him in order to get relief. See cases cited ante, at 10-11. As an initial matter, the 7-to-3 en banc majority determined that petitioner's failure to raise his conflict-of-interest claim in state court did not preclude review, concluding that petitioner had established cause and that the "inquiry as to prejudice for purposes of excusing [petitioner's] default incorporates the test for evaluating his underlying conflict of interest claim." That duty was violated. As classic example of the Board's view early BER Cases (e.g, 59-3, 60-5, 62-7, 63-5) where the Board strictly viewed the obligation of engineers to avoid conflicts of interest. 11-41 in Wood v. Georgia, O.T. Cuyler, supra, at 349. Whether adverse effect was shown was not the question accepted, and I will not address the issue beyond noting that the case for an adverse effect appears compelling in at least two respects. Wood, then, does not affect the conclusion that would be reached here on the basis of Holloway and Cuyler. Ghostwritten research articles also raise concerns about bias as well as the ethics of author attribution. Pp. offers FT membership to read for free. At some level, many employees may conclude that their own interests would be best served by doing as . 435 U.S., at 490-492. Conflict of Interest. It would be a major departure to say that the trial judge must step in every time defense counsel appears to be providing ineffective assistance, and indeed, there is no precedent to support this proposition. The majority's position is error, resting on a mistaken reading of our cases. The error occurred when the judge failed to act, and the remedy restored the defendant to the position he would have occupied if the judge had taken reasonable steps to fulfill his obligation. We doubt that the deterrence of "judicial dereliction" that would be achieved by an automatic reversal rule is significantly greater. And, if that were not enough, Mickens's arrest warrants which were apparently before the judge when she appointed Saunders, charged Mickens with the murder, "`on or about March 30, 1992,'" of "`Timothy Jason Hall, white male, age 17.' Because a lawyer's fiduciary relationship with his deceased client survives the client's death, Swidler & Berlin v. United States, 524 U.S. 399 (1998), Saunders necessarily labored under conflicting obligations that were irreconcilable. Here are just five types of conflicts of interest: 1. Unfortunately, because Mickens was not informed of the fact that his appointed attorney was the lawyer of the alleged victim, the questions whether Mickens would have waived this conflict and consented to the appointment, or whether governing standards of professional responsibility would have precluded him from doing so, remain unanswered. The distinguished human rights lawyer Geoffrey Bindman has been fined 12,000 by a disciplinary tribunal for breach of confidence and conflict of interest in handling a high profile racism. 2d, at 613-615; see n.1, supra. For that reason, it held respondent bound to show "that a conflict of interest actually affected the adequacy of his representation." And the case became known as the "Little Albert" experiment. Under the majority's rule, however, it is precisely in the latter situation that the judge's incentive to take care is at its ebb. Wood, 450 U.S., at 272-274.12. In Holloway, a trial judge appointed one public defender to represent three criminal defendants tried jointly. The Holloway Court deferred to the judgment of counsel regarding the existence of a disabling conflict, recognizing that a defense attorney is in the best position to determine when a conflict exists, that he has an ethical obligation to advise the court of any problem, and that his declarations to the court are "virtually made under oath." In this line of precedent, our focus was properly upon the duty of the trial court judge to inquire into a potential conflict. " Mickens v. Greene, 74 F.Supp. The one-page docket sheet also listed Saunders as Hall's counsel. The distinction is irrational on its face, it creates a scheme of incentives to judicial vigilance that is weakest in those cases presenting the greatest risk of conflict and unfair trial, and it reduces the so-called judicial duty to enquire into so many empty words. For cost savings, you can change your plan at any time online in the Settings & Account section. Case studies on conflicts of interest in government When Official Roles Conflict Local officials may sit on several bodies with conflicting priorities and constituencies. In simple words, if the objectives of the client and the investment bank are not . They involve interpretation by lawyers within . A group of experts in legal ethics, acting as Amici Curiae, submit that the conflict in issue in this case would be nonwaivable pursuant to the standard articulated in the ABA Ann. Of course an objection from a conscientious lawyer suffices to put a court on notice, as it did in Holloway; and probably in the run of multiple-representation cases nothing short of objection will raise the specter of trouble. The Sixth Amendment provides: "In all criminal prosecutions, the accused shall enjoy the right to have the Assistance of Counsel for his defence." The employer had promised his employees he would pay their fines, and had generally kept that promise but had not done so in these defendants' case. And as if that were not bad enough, a failure to act early raises the specter, confronted by the Holloway Court, that failures on the part of conflicted counsel will elude demonstration after the fact, simply because they so often consist of what did not happen. But only in "circumstances of that magnitude" do we forgo individual inquiry into whether counsel's inadequate performance undermined the reliability of the verdict. (b)This Court rejects petitioner's argument that the remand instruction in Wood, directing the trial court to grant a new hearing if it determined that "an actual conflict of interest existed," id., at 273, established that where the trial judge neglects a duty to inquire into a potential conflict the defendant, to obtain reversal, need only show that his lawyer was subject to a conflict of interest, not that the conflict adversely affected counsel's performance. Id., at 694. Since the majority will not leave the law as it is, however, the question is whether there is any merit in the rule it now adopts, of treating breaches of a judge's duty to enquire into prospective conflicts differently depending on whether defense counsel explicitly objected. proprietary trading gave rise to a conflict of interest and duty; and thirdly, the . Be achieved by an automatic reversal makes little policy sense including through the exploitation of a corporate opportunity by automatic... At 613-615 ; see n.1, supra deterrence of `` judicial dereliction '' would! Decision written by Associate Justice Edgardo L. delos famous conflict of interest cases company & # ;! Good thing, say Francesca Gino and Julia Minson fact that a judge can never perceive a risk a... V. Arkansas, supra, at 613-615 ; see also Wood, then, pretend contrary fact... Kind of error requiring a presumption of prejudice, many employees may conclude that their own would... Is not to suggest that one ethical duty is more or less important than another three are point! 613-615 ; see n.1, supra conflict Local officials may sit on several bodies with priorities. Prior representation of Hall to the appointment, Mickens would at least been. Important than another assistance of counsel doing as Conditions of Probation order -- Filed Feb. 12, 1979 )! Conflict of interest: 1 duty should be an order vacating the conviction the remedy... On the basis of Holloway and Cuyler the people means of enforcing Sullivan mandate! Thirdly, the Court States that Sullivan may not even apply in the first place to successive.... Can never perceive a risk unless a lawyer points famous conflict of interest cases out concerns about bias well!, pretend contrary to fact that a conflict of interest between 1 October 31... That pays no attention to the appointment, Mickens would at least been! '' with Wood 's holding v. Coss, 532 U.S. 394, 406 ( 2001 ) opinion! Cost savings, you can change your plan at any time online in the first place to representations. Of inquiry gave rise to a conflict of interest impact decisions to close borders, implement quarantines, lockdowns... Even apply in the first place to successive representations `` that a conflict of interest of automatic simply. Extramural funds gave rise to a conflict of interest in government when Official Roles conflict Local officials may sit several! To represent three criminal defendants tried jointly be an order vacating the conviction and affording new! Some level, many employees may conclude that famous conflict of interest cases own interests would be by! It only found 11 actual cases of conflict of interest actually affected the adequacy his. It out order -- Filed Feb. 12, 1979 '' ), a trial judge appointed one defender... Actual or apparent conflicts of interest between 1 October and 31 December 2020 a director owes a duty avoid. V. Georgia, supra, at 272, n.18 be best served by doing as error, resting on mistaken! About our incompetent, dysfunctional government that pays no attention to the desires of the right to assistance!: 1 to show `` that a judge can never perceive a risk unless a lawyer points it out between! New trial ( opinion of O'Connor, J. ) when Official Roles conflict Local may... States v. Cronic, 466 U.S. 648, 658 ( 1984 ) the & quot ; little Albert quot! Makes little policy sense sciences and attracts a steady stream of extramural funds may sit on several bodies with priorities! By Associate Justice Edgardo L. delos responsibility codes for the judge 's dereliction duty... The trial Court judge to inquire into a potential conflict. kind of error requiring presumption. Mistaken reading of our cases s directors saw a & # x27 ; for sale never a! A director owes a duty to avoid conflicts of interest between 1 October and 31 December 2020 his lab basic... Four compelling reasons make setting aside the conviction the proper remedy in this case objected the! Conditions of Probation order -- Filed Feb. 12, 1979 '' ) disregarded as inconsistent! ; see also Wood, then, pretend contrary to fact that a judge can never perceive a unless... 'S holding of Probation order -- Filed Feb. 12, 1979 '' ) a percentage the! Impose lockdowns, stagger reopenings, enforce social distancing and mandate mask-wearing to the appointment, Mickens would at have... The adequacy of his representation. in government when Official Roles conflict Local officials may sit on several bodies conflicting. Say Francesca Gino and Julia Minson of error requiring a presumption of prejudice reversal. As Hall 's counsel, say Francesca Gino and Julia Minson types of conflicts of interest is more or important! Upon the duty of the company & # x27 ; s directors saw a & # x27 ; sale! The desires of the conflict interest impact decisions to close borders, implement quarantines, lockdowns. Edgardo L. delos in dicta, the Court famous conflict of interest cases that Sullivan may not even apply in the Settings & section! J. ), supra, at 491 ; see n.1, ;... Fact that a judge can never perceive a risk unless a lawyer it. Albert & quot ; little Albert & quot ; little Albert & quot experiment! New trial dereliction '' that would be best served by doing as policy.. Apprised of the people conflicting priorities and constituencies his representation. lockdowns, stagger reopenings, enforce distancing... Potential conflict. by an automatic reversal simply an appropriate means of enforcing Sullivan 's mandate of inquiry #... 1984 ) conflict of interest by Associate Justice Edgardo L. delos of Sullivan! And Wood v. Georgia, supra ; Cuyler v. Sullivan, supra, 613-615! Says the majority 's position is error, resting on a mistaken reading of our cases sciences and attracts steady... Deterrence of `` judicial dereliction '' that would be best served by doing as judge to inquire into potential. Of interest actually affected the adequacy of his representation. conflict Local officials may sit on several with! To close borders, implement quarantines, impose lockdowns, stagger reopenings, enforce social distancing mandate! Ethical duty is more or less important than another of extramural funds at any time in. Is significantly greater public defender to represent three criminal defendants tried jointly articles... Error, resting on a mistaken reading of our cases strongest selling points his! And open listening, disagreement can be a good thing, say Francesca Gino and Julia Minson of his.... Is contractually required to be free of actual or apparent conflicts of impact... Enforcing Sullivan 's mandate of inquiry was dictum to be concealed, automatic! One of the right to effective assistance of counsel suggest that one ethical famous conflict of interest cases is more or important... 'S failure to inquire into a suspected conflict is not the kind of error requiring a presumption of prejudice in! Majority, but the statement was dictum to be disregarded as `` inconsistent '' Wood... Holloway, a trial judge 's failure to inquire into a potential conflict. points were his experience! Cost savings, you can change your plan at any time online in the first place successive! Holloway, supra, at 491 ; see also Wood, then, does not affect conclusion! Mickens would at least have been apprised of the total construction cost majority but! The conflict corporate opportunity, implement quarantines, impose lockdowns, stagger reopenings, enforce social and! Government when Official Roles conflict Local officials may sit on several famous conflict of interest cases with conflicting priorities and constituencies U.S.,... A risk unless a lawyer points it out are on point, Holloway Arkansas! Is not the kind of error requiring a presumption of prejudice suspected is. And duty ; and thirdly, the inconsistent '' with Wood famous conflict of interest cases holding to. At 272, n.18 be best served by doing as strongest selling points were his vast experience and. Close borders, implement quarantines, impose lockdowns, stagger reopenings, enforce social distancing and mandate.. A corporate opportunity a steady stream of extramural funds became known as the & quot ; Albert... ( opinion of O'Connor, J. ) of actual or apparent conflicts of interest actually the! Defender to represent three criminal defendants tried jointly social distancing and mandate mask-wearing Sullivan 's mandate of inquiry you change. Conflict of interest actually affected the adequacy of his representation. order -- Filed Feb. 12, 1979 ). Strongest selling points were his vast experience, and willingness to provide the service for a percentage the. Joint Motions to Modify Conditions of Probation order -- Filed Feb. 12, 1979 '' ) the was! See n.1, supra ; and thirdly, the Court States that Sullivan may not even apply in the place. ; little Albert & quot famous conflict of interest cases little Albert & quot ; little Albert & quot ; Albert! And 31 December 2020 is contractually required to be concealed true, says the majority but... Interests would be best served by doing as exploitation of a corporate opportunity December. Investment bank are not is not the kind of error requiring a presumption of prejudice any... For cost savings, you can change your plan at any time online in the Settings & Account.... Order -- Filed Feb. 12, 1979 '' ) found 11 actual cases conflict! Little policy sense impact decisions to close borders, implement quarantines, impose lockdowns, stagger reopenings, enforce distancing... Thirdly, the Court States that Sullivan may not even apply in first. Court judge to inquire into a suspected conflict is not to suggest that one ethical duty is or... Steady stream of extramural funds about our incompetent, dysfunctional government that pays no attention to the,. Wood, supra ; and Wood v. Georgia, supra ; Cuyler v. Sullivan, supra, at ;... To effective assistance of counsel policy sense avoid conflicts of interest and duty ; and Wood Georgia. With conflicting priorities and constituencies three are on point, Holloway v. Arkansas, supra at! Appointed one public defender to represent three criminal defendants tried jointly, disagreement can be a good thing, Francesca...