United States v. Harrison, No. 16-11641 (5th Cir. 2018)Annotate this Case
The Fifth Circuit reversed the district court's denial of petitioner's ineffective assistance of counsel claim. The court held that the magistrate judge should have held an evidentiary hearing to investigate petitioner's allegations of an actual conflict of interest, and failure to do so was an abuse of discretion under established precedents. In this case, petitioner presented evidence that his counsel advised one of his co-defendants to plead guilty, prior to his own plea agreement, and that his counsel did so in a manner that prejudiced petitioner's defense.
The court issued a subsequent related opinion or order on December 19, 2018.