That attorney was eventually disqualified, but he remained in the case and sat at counsel table and advised the new defense attorney. That attorney’s participation, even as second chair, represented ineffective assistance of counsel because of the severe conflict.Tucker v. Day, 969 F.2d 155 (5th Cir. 1992)At defendant’s re-sentencing, the appointed counsel did not consult with him, had no knowledge of the facts, and acted as a mere spectator. The defendant was denied the assistance of counsel.Gravley v. Mills, 87 F.3d 779 (6th Cir. 1996)The prosecutor improperly introduced evidence, and argued to the jury the significance of this evidence, relating to the defendant’s post-Miranda silence.