SC20536 - Diaz v.
Commissioner of Correction (“The primary issue on appeal is whether the habeas court abused
its discretion by denying his petition for certification to appeal with respect
to the claim that his defense counsel at his second criminal trial rendered
ineffective assistance of counsel by laboring under a conflict of interest,
namely, simultaneously working as defense counsel and as an active duty police
officer in a different city. Although counsel’s failure to disclose the
potential conflict to the petitioner is deeply troubling, and although we
conclude that the legal issues raised are fairly debatable among jurists of
reason, such that certification to appeal should have been granted, we
ultimately agree with the respondent, the Commissioner of Correction, that the
petitioner failed to prove his claim that his counsel labored under an actual
conflict of interest.”)