1. Did the Second Circuit err when it found that there was not an actual conflict without ordering a hearing in the District Court when defense counsel admitted that she was fearful and intimidated during her representation of Appellant?

2. Did the Second Circuit err when it failed to remand the matter for a hearing to determine whether trial counsel rendered ineffective assistance of counsel when trial counsel failed to call Petitioner as a witness to establish his defense of withdrawal?

Should an attorney afraid of their client be allowed to represent the client without the client's knowledge?