121309P.pdf   08/14/2014  Terry Plunk  v.  Ray Hobbs
   U.S. Court of Appeals Case No:  12-1309
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Colloton, Author, for the Court En Banc] 
   Prisoner case - habeas. For the panel opinion in the matter, see Plunk v. 
   Hobbbs, 719 F.3d 977 (8th Cir. 2013). The district court did not err in 
   denying Plunk's claims of ineffective assistance of counsel based on 
   allegations that his attorney's representation of Plunk and a co-defendant 
   created a conflict of interest. Judge Smith, with whom Judge Bye, Melloy 
   and Kelly join, dissenting. 
  
121309P.pdf   07/03/2013  Terry Plunk  v.  Ray Hobbs
   U.S. Court of Appeals Case No:  12-1309
   U.S. District Court for the Eastern District of Arkansas - Pine Bluff   
   [PUBLISHED] [Smith, Author, with Bye and Melloy, Circuit Judges] 
   Prisoner case - Habeas. The district court erred in concluding that 
   Plunk's trial attorney's dual representation of Plunk and Plunk's 
   girlfriend was not a conflict of interest that adversely affected the 
   attorney's performance; reversed and remanded for an evidentiary hearing 
   on the issue of whether Plunk waived the conflict of interest presented by 
   his attorney's dual representation.