Post-trial considerations

Question 1

What must a defendant show to overturn a conviction based on a ineffective assistance of counsel based conflict of interest?

Answer 1

The representation of defendants with conflicting interests may amount to ineffective assistance of counsel.

In general, to overturn a conviction based on a conflict of interest, a defendant must show that:

i) there was an actual conflict of interest AND
ii) that such conflict adversely affected the attorney’s performance.

Question 2

Ineffective assistance of counsel NOT based on conflict of interest

Answer 2

Under this standard, to reverse a conviction on the ground of ineffective counsel, the claimant has the burden to show that:

(i) counsel’s representation fell below an objective standard of reasonableness, and
(ii) counsel’s deficient performance prejudiced the defendant, resulting in the reasonable probability that the outcome would have been different.