Hall v. Jackson (and Vice Versa)

Summary

The court held that appellate counsel had an actual conflict of interest that significantly and adversely affected his representation because the conflict prevented him from raising meritorious ineffective-assistance claims against the defendant’s trial counsel. The court affirmed habeas relief but held that the proper remedy was a second out-of-time appeal, not a new trial, and directed that conflict-free counsel be permitted to pursue a new motion for new trial and appeal. The court also vacated the denial of the trial-counsel ineffective-assistance claims so that they could be evaluated first by the trial court.