The STATE v. Mamedov
288 Ga. 858
Ga.2011Background
- Mamedov, a Uzbek refugee and lawful permanent resident, pled guilty in 2008 to false imprisonment and was sentenced to three years' probation.
- Over a year later, ICE detained him for deportation, deeming his conviction an aggravated felony under federal immigration law.
- Mamedov filed a habeas petition, and the court granted relief based on ineffective assistance due to trial counsel's conflicts of interest.
- Habeas evidence showed dual representation with co-defendant Haji-Essa, where counsel was paid by the co-defendant's family and did not advise Mamedov of conflicts or deportation risks.
- Mamedov testified he was never informed that his plea could trigger deportation and would not have pled guilty if advised of possible deportation.
- The habeas court found an actual conflict of interest adversely affecting counsel's performance, warranting relief without requiring prejudice.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether there was an actual conflict of interest | Mamedov | State | Yes, actual conflict adversely affected representation |
| Whether the conflict affected counsel's performance, including plea strategy | Mamedov | State | Conflict adversely affected performance; failure to pursue independent defense |
| Whether prejudice must be shown when a conflict exists and harms performance | Mamedov | State | Prejudice not required to prevail; adverse impact suffices |
| Whether the court should consider Padilla-based deportation claims | Mamedov | State | Not reached; conflict finding obviates need to decide Padilla issue |
| Whether dual representation itself created the conflict under applicable standards | Mamedov | State | Yes; dual representation with one paying the attorney created substantial risk of adverse impact |
Key Cases Cited
- Cuyler v. Sullivan, 446 U.S. 335 (1980) (conflict of interest requires showing an actual conflict adversely affected counsel's performance)
- Meyers v. State, 265 Ga. 149 (1995) (conflict of interest analysis for joint representation)
- Tarwater v. State, 259 Ga. 516 (1989) (prejudice not required to establish ineffective assistance where conflict exists)
- Woods v. State, 275 Ga. 844 (2002) (to prevail under conflict-based ineffectiveness, defendant must show what would have been done without conflict)
- Whatley v. Terry, 284 Ga. 555 (2008) (presumed prejudice where actual conflict adversely affected representation)
- Fogarty v. State, 270 Ga. 609 (1999) (conflict analysis in ineffectiveness claims)