Christopher A. Burger, Cross-Appellant v. Ralph Kemp, Warden, Georgia Diagnostic and Classification Center, Respondent- Cross-Appellee

I dissent from the majority’s adoption of the district court order denying Burger’s claim that he was deprived of effective assistance of counsel. A review of the record reveals that Burger was denied the effective assistance of counsel by both his appointed counsel’s active representation of his co-indictee’s conflicting interest and his counsel’s failure to present any evidence on his behalf at either of his two sentencing proceedings.

The general principles applicable to ineffective assistance of counsel claims were articulated in Strickland v. Washington, — U.S. —, 104 S.Ct. 2052, 80…