United States ex rel. Sullivan v. Cuyler

OPINION OF THE COURT

GERRY, District Judge.

This appeal from the denial of a petition for habeas corpus requires this court to consider again the troubling issue of dual representation of multiple criminal defendants by the same counsel. Petitioner, John Sullivan claims, inter alia, that he was denied his sixth amendment right to effective assistance of counsel at trial because his attorneys also represented his co-defendants. The district court concluded that there had been no dual representation and denied the petition. We reverse.

I

Petitioner Sullivan was convicted of two counts of first…