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U.S. v. FULTON

Nos. 642, 897, Dockets 91-1048, 92-2105.

5 F.3d 605 (1993)

UNITED STATES of America, Appellee, v. Cortland Bay FULTON, also known as Tairu Owolabi Alabi, Defendant-Appellant. Cortland Bay FULTON, Petitioner-Appellant, v. WARDEN, RAY BROOK CORRECTIONAL FACILITY, Respondent-Appellee.

United States Court of Appeals, Second Circuit.

Decided September 22, 1993.

Attorney(s) appearing for the Case

Lawrence D. Gerzog, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., E.D.N.Y., and David C. James, Asst. U.S. Atty., of counsel) for appellee.

Mark L. Freyberg, New York City, for defendant-appellant.

Before: KEARSE, WINTER and WALKER, Circuit Judges.

WALKER, Circuit Judge:

In the middle of Cortland Bay Fulton's trial for conspiracy to possess and import heroin, the government informed the court in an ex parte conference that the government witness on the stand previously stated that he had once imported heroin for Fulton's trial counsel. In this appeal, we must decide whether this allegation created a conflict of interest for Fulton's attorney giving rise to a per se violation of Fulton's Sixth Amendment...

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