Paul Acosta, Appellant v. the State of Texas

Summary

The Texas Court of Criminal Appeals reversed the Fourth Court of Appeals and remanded for reconsideration, holding that the proper standard for evaluating an ineffective‑assistance claim based on a conflict of interest is the Cuyler test. The majority found the appellate court erred by applying Strickland and emphasized that a defendant must show an actual conflict and that the conflict affected counsel’s performance. Justice Keller, in a concurring opinion, agreed with the judgment but noted the case involves multiple representation and urged a broader application of Cuyler. Justice Keller, concurring, would have decided that Cuyler extends beyond co‑defendant conflicts.