Appeal from the United States District Court for the Southern District of Ohio at Columbus.
No. 2:17-cv-00325—James L. Graham, District Judge.
Decided and Filed: April 27, 2023
Before: SUTTON, Chief Judge; LARSEN and DAVIS, Circuit Judges.
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OPINION
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LARSEN, Circuit Judge. Vincent White, Jr., a state prisoner, sought federal habeas relief
under 28 U.S.C. § 2254. The district court denied his petition but granted a certificate of
appealability on a single issue: whether White had shown that his attorney was laboring under a
conflict of interest that required automatic reversal of White’s conviction. White’s claim
depends on facts outside the state court record, so the Supreme Court’s recent decision in Shinn
v. Ramirez, 142 S. Ct. 1718 (2022), likely precludes relief. But even if we could consider the
new facts introduced in federal habeas court, White’s claim fails. White’s attorney informed
White of the facts underlying the purported conflict of interest, and White did not object. So
White was required to show that the alleged conflict adversely affected counsel’s performance.
White has not made such a showing, so we AFFIRM. |