RAMIREZ-TALAVERA

v.

UNITED STATES

Citator

Cited By

• Kolker v. State, 649 So. 2d 250 (Fla. 3d DCA 1994)
  …truth-seeking function of the proceedings over which it is presiding by considering whether the defendant has effective assistance of counsel, regardless of any proffered waiver.” United States v. Moscony, 927 F. 2d 742, 749 (3d Cir.), cert. denied, 501 U.S. 1211, 111 S.Ct. 2812, 115 L.Ed.2d 984 (1991). Kolker’s presumptive right to waive conflict and retain Marx as his attorney is thus overcome by the court’s interest in conducting a fair trial by ensuring that Marx’ cross-examination of his past client K…
• Puerto RICO Aqueduct & Sewer Auth. v. Metcalf & Eddy, Inc., 506 U.S. 139 (U.S. 1993)
  …ose resolution requires trial and cases in which it is not. See Tr. of Oral Arg. 30-32; cf. Dube v. State University of New York, 900 F. 2d 587, 594 (CA2 1990) (immediate appeal will lie where immunity can be found as a matter of law), cert. denied, 501 U. S. 1211 (1991). On this view, for example, an order denying a motion to dismiss a suit against a named State would be immediately appealable, whereas the same order, when issued in a suit which presents difficult factual questions as to whether an agency…

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• United States v. Ross, 33 F.3d 1507 (11th Cir. 1994)
  …James, 708 F. 2d 40, 46 (2d Cir.1983). Our goal is to discover whether the defense lawyer has divided loyalties that prevent him from effectively representing the defendant. See United States v. Moscony, 927 F. 2d 742, 750 (3d Cir.), cert. denied, 501 U.S. 1211, 111 S.Ct. 2812, 115 L.Ed.2d 984 (1991). If the conflict could cause the defense attorney improperly to use privileged communications in cross-examination, then disqualification is appropriate. Indeed, it is also true that disqualification is equa…