Paul Acosta, Appellant v. the State of Texas

Summary

The Court of Criminal Appeals of Texas reversed the Fourth Court of Appeals and remanded for reconsideration of the appellant's ineffective assistance claim under the Cuyler v. Sullivan standard. It held that the proper test for a conflict‑of‑interest claim is whether counsel actually represented conflicting interests and that the conflict affected trial performance, without requiring a prejudice presumption. The concurring opinion agreed with the judgment but emphasized that the case involves multiple representation and that Cuyler logically extends beyond co‑defendant situations.