VINCENT D. WHITE, JR. v. MICHAEL PHILLIPS, Warden - Articles

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VINCENT D. WHITE, JR. v. MICHAEL PHILLIPS, Warden

Posted by: Karen Belcher on Apr 27, 2023

Court: 6th Circuit Court (Published Opinions)

Attorneys 1: ON BRIEF: C. Mark Pickrell, Nashville, Tennessee, for Appellant.

Attorneys 2: ON BRIEF: William H. Lamb, OFFICE OF THE OHIO ATTORNEY GENERAL, Cincinnati, Ohio, for Appellee.

Judge(s): SUTTON, Chief Judge; LARSEN and DAVIS, Circuit Judges

Court Appealed: Appeal from the United States District Court for the Southern District of Ohio at Columbus

LARSEN, Circuit Judge. Vincent White, Jr., a state prisoner, sought federal habeas relief under 28 U.S.C. § 2254. The district court denied his petition but granted a certificate of appealability on a single issue: whether White had shown that his attorney was laboring under a conflict of interest that required automatic reversal of White’s conviction. White’s claim depends on facts outside the state court record, so the Supreme Court’s recent decision in Shinn v. Ramirez, 142 S. Ct. 1718 (2022), likely precludes relief. But even if we could consider the new facts introduced in federal habeas court, White’s claim fails. White’s attorney informed White of the facts underlying the purported conflict of interest, and White did not object. So White was required to show that the alleged conflict adversely affected counsel’s performance. White has not made such a showing, so we AFFIRM.

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