Larry D. Smith v. Gerald Hofbauer

OPINION

CLAY, Circuit Judge.

Petitioner, Larry Donnell Smith, appeals from the district court’s order denying Petitioner’s application for a writ of habeas corpus filed pursuant to 28 U.S.C. § 2254. On appeal, Petitioner argues that because of his trial counsel’s conflict of interest, a structural defect in Petitioner’s trial occurred such that Petitioner was denied his Sixth Amendment right to the effective assistance of counsel under the auspices of Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980).

Petitioner’s claim seeks to extend Sullivan’s lessened standard of proof…