Case Brief: Mickens V. Taylor

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Title: Mickens v. Taylor, 535 U.S. 162,170-173,122 S.Ct. 1237, 152 L.Ed.2d 291 (2002)
Facts: Mr. Walter Mickens Jr. brought an appeal, habeas petition, after being sentenced to death for premeditated murder, during or following the act of sodomy of Timothy Hall. Mr. Mickens later had learned that his appointed attorney had represented the victim at a prior date and stated this course of action violated his sixth amendment and was a conflict of interest on his attorney’s part. His lead attorney, Mr. Brian Saunders, never at any point of his representation of Mr. Mickens, disclosed he had represented the victim or let the District Judge know when he was appointed to Mr. Mickens that he had in the past represented Mr. Hall, victim, in juvenile …show more content…

Sullivan, 446. U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980), an attorney represented three clients that had been accused of murder, but were tried separately and no one objected to this representation. In 1978, in the Holloway v. Arkansas, a case where an attorney represented three different codefendants, the Supreme Court ruled that because of potential conflicts of interest in representing the three clients when considering confidential information, that the risk of conflict was too high, and thus they needed separate attorneys and their verdicts were reversed. This has become commonly known as the Holloway Rule. Holloway v. Arkansas, 435 U.S. 475 (1978). The Holloway rule had been denied in this case and it was said that the conflict of interest had to negatively impact the defendant, and the defendant had to prove it using the burden of proof. In the Sullivan case it was found that no special circumstances had required the court to inquire more about the attorney representing the three clients. “a defendant shows that his counsel actively represented conflicting interests, he has not established the constitutional predicate for his claim of ineffective assistance.” 446 U.S., at 350, 100 S.Ct. 1708 There was no immediate conflict that existed when the attorney represented the three gentlemen in their own cases, so it was ruled. Mr. Saunders once approached with the situation was recorded saying he did not think there was a conflict of interest because the client was no longer alive, and his juvenile record held no significance to this trial and thus it did not affect his representation of Mr. Mickens. This Supreme Court agreed in this case that Mr. Mickens could not prove with a burden of proof that Mr. Saunders past representation of Mr. Hall in the past affect his representation of Mr. Mickens, and thus the original judgment was upheld and and quoted saying, “defects in assistance [of counsel] that have no probable effect upon the trial’s

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