DISCLAIMER: The following unofficial case summaries are prepared by the clerk's office
as a courtesy to the reader. They are not part of the opinion of the court.
172428P.pdf 01/31/2019 Patrick Joseph Kiley v. United States
U.S. Court of Appeals Case No: 17-2428
U.S. District Court for the District of Minnesota - Minneapolis
[PUBLISHED] [Wollman, Author, with Colloton and Benton, Circuit Judges]
Prisoner case - Habeas. For Kiley's direct appeal, see U.S. v. Beckman,
787 F.3d 466 (8th Cir. 2015). Kiley failed to show any adverse effect from
his trial attorney's conflict of interest; the trial strategy counsel
adopted was one a reasonable attorney would have adopted absent a
conflict; the evidence against Kiley was overwhelming and the alternative
defense strategies he proposed were not objectively reasonable; nor has
Kiley shown that the conflict diminished counsel's credibility in the
jury's eyes; there was no evidence that the counsel knew the funds Kiley
sent him as a retainer were stolen; the evidence was also insufficient to
support a reasonable inference that counsel knew, or should have known,
that the funds were illegitimate; the district court did not clearly err
in finding certain emails were insufficient to raise an inference that
counsel was entangled in Kiley's conspiracy.