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RUSSELL v. COMMISSIONER OF CORRECTION
The petitioner Eugene Russell's petition for certification for appeal from the Appellate Court, 49 Conn. App. 52 (AC 16711), is denied.
BERDON, J., dissenting.
I would grant the petitioner's petition for certification to appeal on the following issues:
"1. Did the habeas court abuse its discretion in denying the petitioner certification to appeal on the grounds of ineffective assistance of trial counsel as a result of a conflict of interest based upon a violation of the trial attorney's duty of loyalty?
"2. If so, is the petitioner required to prove the second prong of Strickland — that is, as a result of the conflict of interest his defense was prejudiced — in order to be granted a new trial?"
Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984).
Phillips v. Warden, 220 Conn. 112, 132-33, 595 A.2d 1356 (1991) ("[w]here . . . the defendant claims that his counsel was `burdened by an actual conflict of interest' . . . the defendant need not establish actual prejudice" [citation omitted]).
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