Judge Jack Weinstein
Convicted of murder, Garguilio is serving a sentence of 15 years to life in prison. After exhausting state remedies Garguilio applied for 28 USC §2254 habeas relief, attacking a contingency fee agreement under which trial attorney Aiello would earn a $75,000 bonus if he was acquitted. Garguilio argued the agreement presented an actual conflict of interest depriving him of his Sixth Amendment right to effective counsel by giving Aiello an incentive not to pursue an extreme emotional disturbance defense. Despite strongly discouraging agreements for "bonuses" to defense counsel on acquittal, district court—discussing the Second Circuit's ruling in Winkler—denied Garguilio §2254 habeas relief, rejecting his assertion that the state court erred when finding that he suffered no prejudice from the contingency fee arrangement. Under Winkler a contingency fee arrangements such as Garguilio's with Aiello presents an actual conflict of interest. However, district court concluded Garguilio did not show himself adversely affected thereby. Even assuming the viability of an extreme emotional disturbance defense, the state court committed no constitutional error in finding the contingency fee not the cause of Aiello's decision to oppose such a defense.
