Cuyler test in Florida

2019However, unlike a “standard Sixth Amendment claim[] of ineffective assistance of counsel”—which requires proving both deficient performance and prejudice under Strickland’s reasonable probability standard—“[o]nce a defendant satisfies the Cuyler test [by proving an actual conflict exists], prejudice is presumed and the defendant is entitled to relief.” Id. (citing Strickland, 466 U.S. at 692 ; Cuyler, 446 U.S. at 349-50 ).

2016See Strickland, 466 U.S. at 692 , 104 S.Ct. 2052 ; Cuyler, 446 U.S. at 349-50 , 100 S.Ct. 1708 .

2019However, unlike a “standard Sixth Amendment claim[] of ineffective assistance of counsel”—which requires proving both deficient performance and prejudice under Strickland’s reasonable probability standard—“[o]nce a defendant satisfies the Cuyler test [by proving an actual conflict exists], prejudice is presumed and the defendant is entitled to relief.” Id. (citing Strickland, 466 U.S. at 692 ; Cuyler, 446 U.S. at 349-50 ).

2019However, unlike a “standard Sixth Amendment claim[] of ineffective assistance of counsel”—which requires proving both deficient performance and prejudice under Strickland’s reasonable probability standard—“[o]nce a defendant satisfies the Cuyler test [by proving an actual conflict exists], prejudice is presumed and the defendant is entitled to relief.” Id. (citing Strickland, 466 U.S. at 692 ; Cuyler, 446 U.S. at 349-50 ).

2017The Florida Supreme Court has described the Cuyler test as follows: [I]n order to establish an ineffectiveness claim premised on an alleged, conflict of interest the defendant must “establish that an actual conflict of interest adversely affected his lawyer’s performance.” Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 ; see also Quince v. State, 732 So.2d 1059, 1065 (Fla. 1999).

2017The Florida Supreme Court has described the Cuyler test as follows: [I]n order to establish an ineffectiveness claim premised on an alleged, conflict of interest the defendant must “establish that an actual conflict of interest adversely affected his lawyer’s performance.” Cuyler, 446 U.S. at 350 , 100 S.Ct. 1708 ; see also Quince v. State, 732 So.2d 1059, 1065 (Fla. 1999).

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.

2017Even “[i]f a defendant successfully demonstrates the existence of an actual conflict, the defendant must also show that this conflict had an adverse effect upon his lawyer’s representation.” Id. “[Pjrejudice will be presumed only if the conflict has significantly affected counsel’s performance—thereby rendering the verdict unreliable ....” Mickens v. Taylor, 535 U.S. 162, 173 , 122 S.Ct. 1237 , 152 L.Ed.2d 291 (2002); see State v. Larzelere, 979 So.2d 195, 208 (Fla. 2008) (“Prejudice is presumed where an actual conflict is shown to have adversely affected a client’s representation.”); State v.