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GRIFFIN v. McVICAR

No. 95-2330.

84 F.3d 880 (1996)

Lee O. GRIFFIN, Petitioner-Appellee, v. Richard D. McVICAR, Warden, Shawnee Correctional Center, Respondent-Appellant.

United States Court of Appeals, Seventh Circuit.

Decided May 21, 1996.

Attorney(s) appearing for the Case

Arden J. Lang (argued), Charles M. Schiedel, Office of the State Appellate Defender, Springfield, IL, for Petitioner-Appellee.

Arleen C. Anderson (argued), Office of the Attorney General, Chicago, IL, for Defendant-Appellant.

Before POSNER, Chief Judge, and CUDAHY and FLAUM, Circuit Judges.

CUDAHY, Circuit Judge.

Respondent, Warden McVicar, appeals the grant of petitioner Lee Griffin's habeas corpus petition. The district court granted the writ of habeas corpus on grounds of ineffective assistance of counsel due to an actual conflict of interest inhering in the joint representation of Griffin and a co-defendant, Jimmy Lee Smith, by Marvin Goldenhersh in a 1981 murder trial. We affirm.

I. Introduction

Lee Griffin and Jimmy Lee Smith...

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