In Cuyler v. Sullivan, 446 U.S. 335 (1980), this Court held that a defendant alleging ineffective assistance of counsel based on a lawyer's conflict of interest need not demonstrate outcome-determinative prejudice to obtain relief. Instead, a defendant need only show that an "actual conflict of interest adversely affected his lawyer's performance." Id. at 350.

The question presented is: Does Sullivan's standard apply only when a defense lawyer represents multiple clients with conflicting interests (as eleven jurisdictions have held), or does Sullivan apply to other conflicts—such as personal conflicts of interest (as twenty-one jurisdictions have held)?

Does Sullivan's standard apply only when a defense lawyer represents multiple clients with conflicting interests, or does Sullivan apply to other conflicts—such as personal conflicts of interest?