State v. Hyman, ___ N.C. App. ___, 823 S.E.2d 146 (Dec. 18, 2018)

Addressing the merits of an IAC claim raised in a MAR, the court rejected the defendant’s argument that attorney Warmack provided ineffective assistance of counsel at an evidentiary remand hearing because of a dual representation conflict arising from having previously represented codefendant Swain. With respect to issues involving successive or simultaneous representation of clients in related matters, a defendant who raises no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer’s performance. Here, the trial court’s unchallenged findings concluded, in part, that the defendant presented no evidence that Warmack’s representation of the defendant was in any way influenced by his prior representation of codefendant Swain.