Burger v. Kemp

Burger and Stevens were tried separately for the same murder, with Leaphart appointed to represent Burger and Leaphart's law partner appointed to represent Stevens; both defendants had confessed but each blamed the other as more culpable, though evidence showed Burger, not Stevens, actually killed the victim. Leaphart, who helped his partner defend Stevens and drafted appellate briefs for both defendants, argued at Burger's trial that Stevens was more culpable but omitted that argument from Burger's appellate brief; Burger sought federal habeas relief, arguing this omission reflected ineffective assistance stemming from a conflict of interest, and the lower courts rejected the claim.