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MICKENS v. TAYLOR

No. 00-9285.

535 U.S. 162 (2002)

MICKENS v. TAYLOR, WARDEN

United States Supreme Court.

Decided March 27, 2002.

Attorney(s) appearing for the Case

Robert J. Wagner, by appointment of the Court, 533 U.S. 927, argued the cause for petitioner. With him on the briefs were Robert E. Lee and Mark E. Olive.

Robert Q. Harris, Assistant Attorney General of Virginia, argued the cause for respondent. With him on the brief was Randolph A. Beales, Attorney General.

Irving L. Gornstein argued the cause for the United States as amicus curiae urging affirmance. On the brief were Solicitor General Olson, Assistant Attorney General Chertoff, Deputy Solicitor General Dreeben, Gregory G. Garre, and Joel M. Gershowitz.*

Scalia, J., delivered the opinion of the Court, in which Rehnquist, C. J., and O'Connor, Kennedy, and Thomas, JJ., joined. Kennedy, J., filed a concurring opinion, in which O'Connor, J., joined, p. 176. Stevens, J., p. 179, and Souter, J., p. 189, filed dissenting opinions. Breyer, J., filed a dissenting opinion, in which Ginsburg, J., joined, p. 209.

Justice Scalia, delivered the opinion of the Court.

The question presented in this case is what a defendant must show in order to demonstrate a Sixth Amendment violation where the trial court fails to inquire into a potential conflict of interest about which it knew or reasonably should have known.

I

In 1993, a Virginia jury convicted petitioner Mickens of the premeditated murder of Timothy Hall during or following the commission of an attempted...

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