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Dennis Spencer v. Colorado
Paid petition · Court of Appeals of Colorado, No. 2017CA2228 · judgment December 17, 2020
Before the decision, roughly the 4.1% base rate. The model weighted this up for counsel who has won certiorari before and a circuit split argued in the petition, and down for a state or local-government respondent.
Question presented
In Cuyler v. Sullivan, 446 U.S. 335 (1980), this Court held that a defendant alleging ineffective assistance of counsel based on a lawyer’s conflict of interest need not demonstrate outcome-determinative prejudice to obtain relief. Instead, a defendant need only show that an “actual conflict of interest adversely affected his lawyer’s performance.” Id. at 350. The question presented is: Does Sullivan’s standard apply only when a defense lawyer represents multiple clients with conflicting interests (as eleven jurisdictions have held), or does Sullivan apply to other conflicts—such as personal conflicts of interest (as twenty-one jurisdictions have held)?
Counsel of record
For petitioner
Neal Kumar Katyal
Hogan Lovells US LLP
For respondent
Eric Reuel Olson
Solicitor General
Case
Conference history
Distributed for 2 conferences
Amicus briefs
2 merits
(2 supporting pet./neither)
Linked docket
21M78, 21A197
Proceedings
- May 16 2022Petition DENIED.
- Apr 26 2022DISTRIBUTED for Conference of 5/12/2022.
- Apr 25 2022Reply of petitioner Dennis Spencer filed. (Distributed)
- Apr 11 2022Brief of respondent Colorado in opposition filed.
- Mar 24 2022Brief amicus curiae of Legal Ethics Scholars and Law Professors filed.
- Mar 24 2022Brief amici curiae of Due Process Institute, et al. filed.
- Mar 02 2022Motion to extend the time to file a response is granted and the time is extended to and including April 11, 2022.
- Mar 01 2022Motion to extend the time to file a response from March 24, 2022 to April 11, 2022, submitted to The Clerk.
- Feb 22 2022Motion (21M78) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal Granted.
- Feb 02 2022MOTION (21M78) DISTRIBUTED for Conference of 2/18/2022.
- Jan 26 2022Motion (21M78) for leave to file a petition for a writ of certiorari with the supplemental appendix under seal filed.
- Jan 26 2022Petition for a writ of certiorari filed. (Response due March 24, 2022)
- Dec 02 2021Application (21A197) granted by Justice Gorsuch extending the time to file until January 26, 2022.
- Nov 30 2021Application (21A197) to extend the time to file a petition for a writ of certiorari from December 26, 2021 to January 26, 2022, submitted to Justice Gorsuch.