Mickens v. Taylor

In Mickens v. Taylor, 535 U.S. 162, 152 L. Ed. 2d 291, 122 S. Ct. 1237 (2002), the Supreme Court corrected the lingering confusion left by Wood. In Mickens, the petitioner argued that the remand instruction in Wood created a rule that required reversal when a trial court fails to inquire into a potential conflict, even in the absence of the defendant's showing that the representation was affected by the conflict of interest. The petitioner found it significant that the remand order in Wood directed the trial court to grant a new probation revocation hearing if it found that an actual conflict of interest existed. The Supreme Court explained that the reference to an actual conflict of interest in Wood meant a conflict that affected counsel's performance. "It was shorthand for the statement in Sullivan that 'a defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice in order to obtain relief.'" Mickens, 535 U.S. at 171.