Richard Zuck v. State of Alabama

CHARLES CLARK, Circuit Judge:

An Alabama jury found Richard Zuck guilty of second degree murder and sentenced him to a prison term of forty years. 1 Zuck appeals the denial of his federal habeas corpus petition. Because we find that Zuck’s trial counsel had an unwaived conflicting interest which prevented constitutionally adequate representation, we reverse the district court’s denial of habeas corpus relief.

I. CONFLICT

The law firm which served as counsel to Zuck in his murder trial also represented, in an unrelated civil matter, the State prosecutor who tried Zuck. The State judge, the…