Cited by

.2d at 536 ; (noting that whether to call an expert witness and whether to cross-examine on a certain topic were matters of trial strategy); (holding that counsel’s decision to pursue certain evidence and not other evidence fell within the realm of defense strategy); (holding that appellant’s allegations that counsel failed to obtain expert testimony “involved the exercise of tactical judgment and will not 13 support a claim of ineffective assistance of counsel”), rev. denied (Minn. Aug.

A defendant’s “attorney is in [the] best position professionally and ethically to determine when [a] conflict of interest exists.” d 27, 32 (Minn. App. 1997) (describing and applying the holding in Holloway v. Arkansas, 435 U.S. 475, 484 (1978)), rev. denied (Minn. Aug.

The right to effective counsel includes the “right to representation that is free of conflicts of interest.” (quotation omitted), rev. denied (Minn. Aug.

6 A defendant who raised no objection to counsel’s representation must demonstrate that counsel “actively represented conflicting interests” and that th e conflict “adversely affected [the] lawyer ’s performance.” (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350 (1980)), rev. denied (Minn. Aug.

This right encompasses not only the provision of counsel, but also actual assistance from counsel.” (citation omitted), rev. denied (Minn. Aug.

5 that counsel’s failure to submit a closing argument did not result in structural error); State v. Cram , -08 (Minn. 2006) (c oncluding that counsel’s failure to submit evidence or argument regarding restit ution did not result in structural error); see also Cooper v. State , (concluding that counsel’s failure to have a sign language interpreter present during some of their communications did not constitute structural error), rev. denied (Minn. Aug.

Only if “an attorney informs the district court of a probable risk of conflict, and the court fails to take adequate steps to ascertain whether an impermissible conflict exists, [then] the defendant’s conviction must be reversed without inquiry in to prejudice resulting from the alleged conflict.” Paige, d at 140-41 (emphasis added) (quoting Cooper v. State , review denied (Minn. Aug.

d 27, 32 (Minn. App. 1997), review denied (Minn. Aug.

Id.; review denied (Minn. Aug.

In that situation, when the defendant raised no objection at trial, the defendant “must demonstrate that defense counsel actively represented conflicting interests and this conflict adversely affected [the] lawyer’s performance.” (quotation omitted), review denied (Minn. Aug.

See Cooper v. State , review denied (Minn. Aug.

“A defendant who raised no objection at trial must 16 demonstrate that defense counsel ‘actively represented conflicting interests ’ and this conflict ‘adversely affected [the] lawyer’s performance.’” Cooper v. State , d 27, 32 (Minn. App. 1997) (alteration in original) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350, 100 S. Ct. 1708, 1718, 1719 (1980)), review denied (Minn. Aug.

Rather, Lynch must prove that his appointed counsel “actively represented conflicting interests” or that conflicting interests “adversely affected [th e] lawyer’s performance.” Cooper v. State , d 27, 32 (Minn. App. 1997) (alteration in original) (quoting Cuyler v. Sullivan, 446 U.S. 335, 348, 350, 100 S. Ct. 1708, 1718, 1719 (1980)), review denied (Minn. Aug.

“The burden of a defendant claiming ineffective assistance due to a conflict of interest depends on whether and to what extent the alleged conflict was brought to the [district] court’s attention.” review denied (Minn. Aug.

“The burden of a defendant claiming ineffective assistance due to a conflict of interest depends on whether and to what extent the alleged conflict was brought to the [district] court’s attention.” review denied (Minn. Aug.

(holding that an 12 attorney’s decision not to obtain expert testimony or follow evidentiary leads was a tactical judgment), review denied (Minn. Aug.

An appellant’s burden in advancing a claim of ineffective assistance of counsel due to a conflict of interest “depends on whether and to what extent the alleged conflict was brought to the [district] court’s attention.” review denied (Minn. Aug.

“The burden of a defendant claiming ineffective assistance due to a conflict of interest depends on whether and to what extent the alleged conflict was brought to the [district] court’s attention.” review denied (Minn. Aug.