A convicted rapist and murderer failed to show that an attorney who previously represented him in a Social Security fraud case had a conflict of interest in subsequently representing a government witness in the murder case, the U.S. Court of Appeals for the 6th Circuit ruled.

Defendant Marvin Gabrion was sentenced to death by a federal judge in Michigan for crimes committed in 1996 and 1997, including the rape and murder of then-19-year-old Rachel Timmerman. He also reportedly murdered witness Wayne Davis, according to the appeals court’s opinion.