Mickens v. Taylor, 535 U.S. 162, 10 (2002)

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Cite as: 535 U. S. 162 (2002)

Opinion of the Court

guage in the remand instruction directing the trial court to grant a new revocation hearing if it determines that "an actual conflict of interest existed," Wood, supra, at 273, without requiring a further determination that the conflict adversely affected counsel's performance. As used in the remand instruction, however, we think "an actual conflict of interest" meant precisely a conflict that affected counsel's performance—as opposed to a mere theoretical division of loyalties. It was shorthand for the statement in Sullivan that "a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief." 446 U. S., at 349-350 (emphasis added).4 This is the only interpretaquired when the trial judge fails to inquire into a potential conflict that was apparent before the proceeding was "held or completed," but a defendant must demonstrate adverse effect when the judge fails to inquire into a conflict that was not apparent before the end of the proceeding, post, at 202. The problem with this carefully concealed "coherent scheme" (no case has ever mentioned it) is that in Wood itself the court did not decree automatic reversal, even though it found that "the possibility of a conflict of interest was sufficiently apparent at the time of the revocation hearing to impose upon the court a duty to inquire further." 450 U. S., at 272 (second emphasis added). Indeed, the State had actually notified the judge of a potential conflict of interest " '[d]uring the probation revocation hearing.' " Id., at 272, and n. 20. Justice Souter's statement that "the signs that a conflict may have occurred were clear to the judge at the close of the probation revocation proceeding," post, at 201—when it became apparent that counsel had neglected the "strategy more obviously in the defendants' interest, of requesting the court to reduce the fines or defer their collection," post, at 198—would more accurately be phrased "the effect of the conflict upon counsel's performance was clear to the judge at the close of the probation revocation proceeding."

4 Justice Stevens asserts that this reading (and presumably Justice Souter's reading as well, post, at 201), is wrong, post, at 186-187; that Wood only requires petitioner to show that a real conflict existed, not that it affected counsel's performance, post, at 187. This is so because we "unambiguously stated" that a conviction must be reversed whenever the trial court fails to investigate a potential conflict, post, at 186-187 (citing

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