CUYLER V. SULLIVAN
446 U.S. 335 (1980)
NATURE OF THE CASE: This was a dispute over the effect of retained counsel representing
potentially conflicting interests.
FACTS: Sullivan (D) was indicted with Carchidi and DiPasquale for first-degree murder of
two people. Lawyers DiBona and Peruto represented all three defendants throughout the state
proceedings. D had different counsel at the medical inquest but he thereafter accepted
representation from the two lawyers retained by his codefendants because he could not afford
to retain his own lawyer. D was the first defendant to come to trial and the evidence was
entirely circumstantial and at the close of evidence by the prosecution, D's lawyer rested
and D was found guilty and sentenced to life imprisonment. The other two defendants were
acquitted at separate trials. The Pennsylvania Supreme Court affirmed D's conviction. On
habeas corpus, the Third Circuit held that the participation by the two attorneys in the
trial of D and his codefendants established as a matter of law that both lawyers had
represented all three; that resting at the close of the prosecutor's case would have been a
legitimate tactical decision made by independent counsel but not with co-counsel. The
Supreme Court granted certiorari.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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