No. 19-515

Baldassare Amato v. United States

Lower Court: Second Circuit
Docketed: 2019-10-21
Status: Denied
Type: Paid
Tags: adverse-effect automatic-reversal conflict-of-interest cuyler-v-sullivan evidentiary-hearing holloway-v-arkansas ineffective-assistance ineffective-assistance-of-counsel sixth-amendment
Latest Conference: 2020-01-24
Question Presented (from Petition)

1. Under what circumstances is the automatic
reversal rule from the decision in Holloway U.
Arkansas, 435 U.S. 475, 484 (1978) triggered after
Mickels?

2. Does Sixth Amendment analysis under Cuyler U.
Sullivan, 446 U.S. 335 (1980) apply to both successive
and concurrent conflicts - a question expressly left
open by this Court in Mickels?

3. Under what circumstances is an evidentiary
hearing required when a claim sel based on a conflict
of interests is raised?

4. Does a showing of "adverse effect" under Cuyler U.
Sullivan, 446 U.S. 335 (1980) require proof that a
plausible alternative strategy expressly was foregone
because of the conflict under which counsel was
operating or is it sufficient to show that it was
inherently in conflict with the attorney's duties to the
other client?

Question Presented (AI Summary)

Whether Sixth Amendment analysis under Cuyler v. Sullivan applies to both successive and concurrent conflicts

Docket Entries

2020-01-27
Petition DENIED. Justice Sotomayor and Justice Kagan took no part in the consideration or decision of this petition.
2020-01-21
Reply of petitioner Baldassare Amato filed. (Distributed)
2020-01-08
DISTRIBUTED for Conference of 1/24/2020.
2019-12-20
Brief of respondent United States of America in opposition filed.
2019-11-14
Motion to extend the time to file a response is granted and the time is extended to and including December 20, 2019.
2019-11-13
Motion to extend the time to file a response from November 20, 2019 to December 20, 2019, submitted to The Clerk.
2019-10-17
Petition for a writ of certiorari filed. (Response due November 20, 2019)
2019-08-16
Application (19A164) granted by Justice Ginsburg extending the time to file until October 17, 2019.
2019-08-08
Application (19A164) to extend the time to file a petition for a writ of certiorari from August 18, 2019 to October 17, 2019, submitted to Justice Ginsburg.

Attorneys

Baldassare Amato
David I. SchoenAttorney at Law, Petitioner
United States of America
Noel J. FranciscoSolicitor General, Respondent