Andrew Caballero v. Marlyn Kopp, Superintendent, Sing Sing Correctional Facility

Whether the Second Circuit erred in requiring Petitioner to present concrete evidence that trial counsel failed to introduce, in order to establish prejudice under Strickland v. Washington, 466 U.S. 668 (1984), where prejudice arises from counsel’s cumulative errors, including failure to investigate witnesses or an alternative suspect identified by those witnesses.

Whether the Second Circuit erred in refusing to apply the presumption of prejudice required under Strickland, where appellate counsel labored under an actual conflict of interest as second-chair trial counsel.