District of Columbia Court of Appeals July 8, 2004, 95-CF-802, 98-CO-1259, 99-CO-1654 (McCrimmon v. United States)

RUIZ, Associate J.

The key issue in this appeal is whether, as a result of a discussion between defense counsel and a crucial prosecution witness over a tentative attorney-client relationship, appellant’s appointed counsel operated under an “actual conflict” in violation of the Sixth Amendment right to effective assistance of counsel as established in

Cuyler v. Sullivan,

446 U.S. 335, 100 S.Ct.