opinion: BURDEN v. ZANT, WARDEN
  No. 92-8836.
  Decided January 10, 1994
  Per Curiam.
  In Burden v. Zant, 498 U. S. 433 (1991) (per curiam), we reversed a judgment of the Court of Appeals for the Eleventh Circuit, which had upheld denial of habeas relief on a claim of ineffective assistance of counsel due to conflict of interest. The case is before us again on a petition seeking review of the decision rendered on remand, 975 F. 2d 771 (1992), in which the Court of Appeals once again rejected Burden’s claim that he had been deprived of the right to be represented by counsel free of conflict of interest.
  In our earlier unanimous per curiam opinion, we held that the courts below had failed to accord the presumption of correctness apparently due a state-court determination bearing on the conflict claim (i. e., that Dixon, the key prosecution witness allegedly represented by Burden’s pretrial counsel, “ ‘was granted immunity from prosecution,’ ” 498 U. S., at 436). See 28 U. S. C. § 2254(d). We directed the Court of Appeals on remand to evaluate Burden’s conflict-of-interest claim “free from” the “erroneous failure to credit the state trial court’s finding .. . .” 498 U. S., at 438.
  In the decision now before us, the Eleventh Circuit majority first held that there was no need for a federal habeas court to presume the correctness of the immunity finding, because it had not been “adequately developed” in the state trial court proceeding. See 28 U. S. C. § 2254(d)(3). The majority reasoned that the trial court’s conclusion, contained in an administrative report to the State Supreme Court, see Ga. Code Ann. § 17-10-35(a) (1990), and not labeled a finding of fact or conclusion of láw, amounted to the trial judge’s mere personal “impression” on an issue not subject to significant dispute at trial. See 975 F. 2d, at 774-775. Declaring it “improper” to defer to the judge’s “comment,” id., at 775, the Court of Appeals explained that it would uphold its prior denial of relief on the basis of a District Court finding, said to be that “Dixon did not testify under a grant of transactional immunity or pursuant to a promise that the State would not prosecute him,” ibid. In a dissenting opinion, Judge Anderson maintained that the District Court’s order contained no such finding and that his colleagues had overlooked the record of evidence strongly supporting Burden’s contention that some sort of immunity deal had, in fact, been struck.
  Reviewing the record, we are convinced that Judge Anderson was correct, that the decision of the Court of Appeals was grounded on manifest mistake, and that reversal is warranted on that basis alone. We therefore grant the motion for leave to proceed in forma pauperis and the petition for a writ of certiorari and reverse and remand for the Eleventh Circuit, or subject to its further order the District Court, to determine whether Mr. Kondritzer’s representation created “an actual conflict of interest adversely affect[ing] [his] performance.” Cuyler v. Sullivan, 446 U. S. 335, 350 (1980).
  Reversed and remanded.
choices: involuntary confession habeas corpus plea bargaining: the constitutionality of and/or the circumstances of its exercise retroactivity (of newly announced or newly enacted constitutional or statutory rights) search and seizure (other than as pertains to vehicles or Crime Control Act) search and seizure, vehicles search and seizure, Crime Control Act contempt of court or congress self-incrimination (other than as pertains to Miranda or immunity from prosecution) Miranda warnings self-incrimination, immunity from prosecution right to counsel (cf. indigents appointment of counsel or inadequate representation) cruel and unusual punishment, death penalty (cf. extra legal jury influence, death penalty) cruel and unusual punishment, non-death penalty (cf. liability, civil rights acts) line-up discovery and inspection (in the context of criminal litigation only, otherwise Freedom of Information Act and related federal or state statutes or regulations) double jeopardy ex post facto (state) extra-legal jury influences: miscellaneous extra-legal jury influences: prejudicial statements or evidence extra-legal jury influences: contact with jurors outside courtroom extra-legal jury influences: jury instructions (not necessarily in criminal cases) extra-legal jury influences: voir dire (not necessarily a criminal case) extra-legal jury influences: prison garb or appearance extra-legal jury influences: jurors and death penalty (cf. cruel and unusual punishment) extra-legal jury influences: pretrial publicity confrontation (right to confront accuser, call and cross-examine witnesses) subconstitutional fair procedure: confession of error subconstitutional fair procedure: conspiracy (cf. Federal Rules of Criminal Procedure: conspiracy) subconstitutional fair procedure: entrapment subconstitutional fair procedure: exhaustion of remedies subconstitutional fair procedure: fugitive from justice subconstitutional fair procedure: presentation, admissibility, or sufficiency of evidence (not necessarily a criminal case) subconstitutional fair procedure: stay of execution subconstitutional fair procedure: timeliness subconstitutional fair procedure: miscellaneous Federal Rules of Criminal Procedure statutory construction of criminal laws: assault statutory construction of criminal laws: bank robbery statutory construction of criminal laws: conspiracy (cf. subconstitutional fair procedure: conspiracy) statutory construction of criminal laws: escape from custody statutory construction of criminal laws: false statements (cf. statutory construction of criminal laws: perjury) statutory construction of criminal laws: financial (other than in fraud or internal revenue) statutory construction of criminal laws: firearms statutory construction of criminal laws: fraud statutory construction of criminal laws: gambling statutory construction of criminal laws: Hobbs Act; i.e., 18 USC 1951 statutory construction of criminal laws: immigration (cf. immigration and naturalization) statutory construction of criminal laws: internal revenue (cf. Federal Taxation) statutory construction of criminal laws: Mann Act and related statutes statutory construction of criminal laws: narcotics includes regulation and prohibition of alcohol statutory construction of criminal laws: obstruction of justice statutory construction of criminal laws: perjury (other than as pertains to statutory construction of criminal laws: false statements) statutory construction of criminal laws: Travel Act, 18 USC 1952 statutory construction of criminal laws: war crimes statutory construction of criminal laws: sentencing guidelines statutory construction of criminal laws: miscellaneous jury trial (right to, as distinct from extra-legal jury influences) speedy trial miscellaneous criminal procedure (cf. due process, prisoners' rights, comity: criminal procedure)