WHETHER THE THIRD CIRCUIT ERRONEOUSLY EXTENDED THIS COURT'S DECISION IN CUYLER V. SULLIVAN, 446 U.S. 335 (1980) BY HOLDING THAT EVEN WHERE A TRIAL COURT IS MADE AWARE OF AN ATTORNEY CONFLICT OF INTEREST, BUT FAILS TO MAKE A TIMELY INQUIRY, IN VIOLATION OF DUE PROCESS, THE DEFENDANT MUST STILL PROVE THE EXISTENCE OF AN ACTUAL CONFLICT OF INTEREST AND PREJUDICE TO ESTABLISH A DENIAL OF THEIR SIXTH AMENDMENT RIGHT TO THE EFFECTIVE ASSISTANCE OF COUNSEL.

Whether the Third Circuit erroneously extended Cuyler v. Sullivan