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SMITH v. BORDENKIRCHER

No. 81-5398.

671 F.2d 986 (1982)

Vernon SMITH, Billy Kimmel, Petitioners-Appellants, v. Donald E. BORDENKIRCHER, Respondent-Appellee.

United States Court of Appeals, Sixth Circuit.

Decided March 5, 1982.

Rehearing Denied April 5, 1982.

Attorney(s) appearing for the Case

William M. Radigan, Asst. Public Defender, Frankfort, Ky., for petitioners-appellants.

Steven L. Beshear, Atty. Gen. of Ky., James L. Dickinson, Asst. Atty. Gen., Frankfort, Ky., for respondent-appellee.

Before STEWART, Associate Justice (Retired), LIVELY and MERRITT, Circuit Judges.

PER CURIAM.

The basic due process issue here is whether a lawyer representing two or more criminal defendants in a state trial must withdraw as counsel for remaining defendants because of potential conflict of interest when one co-defendant turns state's evidence. The Supreme Court's decision in Cuyler v. Sullivan, 446 U.S. 335, 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980) does not authorize adoption of such a per se rule governing...

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