Actual Conflict Of Interest

247 Florida cases classified under this topic · sorted by citation count · see the citation graph · browse and sort

• LoCONTE v. Dugger
  847 F.2d 745· 11th Cir.· 1988-06-20 ·cited 284×
  The court held that the district court did not err in denying the petition for habeas corpus relief, as the guilty plea was knowing, intelligent, and voluntary, and counsel was not ineffective.
• Teffeteller v. Dugger
  734 So. 2d 1009· Fla.· 1999-03-04 ·cited 188×
  Robert Allan Teffeteller, a death row inmate, appealed the trial court's denial of his rule 3.850 post-conviction motion and petitioned for a writ of habeas corpus, raising twenty-one and twenty-two issues respectively. The Florida Supreme Court affirmed the denial of post-convic
• State v. Coney
  845 So. 2d 120· Fla.· 2003-03-06 ·cited 179×
  The Florida Supreme Court affirmed a circuit court order vacating Jimmie Lee Coney's death sentence and granting a new penalty phase proceeding, finding that trial counsel rendered ineffective assistance during the penalty phase by failing to adequately investigate and present me
• Dallas v. Warden
  964 F.3d 1285· 11th Cir.· 2020-07-13 ·cited 168×
  Donald Dallas was convicted of capital murder and sentenced to death for the 1994 abduction and murder of 73-year-old Hazel Liveoak, whom he left in a car trunk where she died of a heart attack. The Eleventh Circuit affirmed the denial of his federal habeas petition, rejecting bo
• Baty v. Balkcom
  661 F.2d 391· 5th Cir.· 1981-11-16 ·cited 131×
• United States v. Mers
  701 F.2d 1321· 11th Cir.· 1983-03-21 ·cited 123×
  The court held that although the district court erred in failing to conduct an adequate hearing on the potential conflict of interest arising from joint representation, the error was harmless because no actual conflict of interest existed. The court also found that the Speedy Tri
• United States v. Bernstein
  533 F.2d 775· 2d Cir.· 1976-03-04 ·cited 109×
  The court held that the district court committed prejudicial error by allowing the jury to determine as a question of fact whether defendants were held to an undefined standard of exercising 'proper credit judgment'.
• Hunter v. State
  817 So. 2d 786· Fla.· 2002-04-04 ·cited 102×
  James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
• United States v. Washington
  782 F.2d 807· 9th Cir.· 1986-02-11 ·cited 84×
  The court held that disqualifying counsel based solely on an appearance of impropriety, without an evidentiary hearing to determine if an actual conflict existed, violated the defendant's Sixth Amendment right to counsel of choice. The court also found that certain items seized u
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Freund v. Butterworth
  165 F.3d 839· 11th Cir.· 1999-01-22 ·cited 69×
  John Freund was convicted of first-degree murder for stabbing Ralph Walker to death in 1984 and sentenced to life imprisonment. Freund challenged his conviction on habeas corpus, alleging that his trial counsel at the law firm Foley, Colton and Duncan labored under conflicts of i
• Zuck v. State OF Ala.
  588 F.2d 436· 5th Cir.· 1979-01-24 ·cited 69×
  The court held that a defendant's trial counsel's representation of the prosecutor in an unrelated civil matter created an unwaived conflict of interest, rendering the trial fundamentally unfair and violating the defendant's right to effective assistance of counsel.
• Quince v. State
  732 So. 2d 1059· Fla.· 1999-04-08 ·cited 66×
  Kenneth Quince, sentenced to death for first-degree felony murder and burglary, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel Howard Pearl had an undisclosed conflict of interest due to his concurrent servi
• United States v. Raimundo Crespo de Llano
  830 F.2d 1532· 9th Cir.· 1987-10-26 ·cited 61×
  The court held that a trial court's failure to personally advise jointly represented defendants of their right to separate counsel under Rule 44(c) does not mandate reversal unless an actual conflict of interest adversely affected the lawyer's performance. The court also held tha
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• United States v. Jarrell COX
  580 F.2d 317· 8th Cir.· 1978-07-14 ·cited 61×
  The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
• United States v. Gambino
  788 F.2d 938· 3d Cir.· 1986-04-18 ·cited 60×
  The court affirmed the convictions, holding that Antonio Gambino was not entrapped as a matter of law and that the district court did not err in proceeding with an eleven-person jury after excusing a juror for cause.
• Roberts v. State
  670 So. 2d 1042· Fla. 4th DCA· 1996-03-13 ·cited 56×
  Brian Roberts was convicted by guilty plea to multiple serious felonies and moved to withdraw his plea before sentencing, alleging coercion by his court-appointed counsel. The court reversed the denial of both counsel's motion to withdraw and the defendant's motion to withdraw hi
• Gov't of the Virgin Islands v. Zepp
  748 F.2d 125· 3d Cir.· 1984-11-13 ·cited 55×
  The court held that the attorney's stipulation, which prejudiced the client's defense and potentially inferred guilt, constituted ineffective assistance of counsel, requiring a new trial.
• Sullivan v. Cuyler
  723 F.2d 1077· 3d Cir.· 1983-12-08 ·cited 54×
• United States v. FOX
  613 F.2d 99· 5th Cir.· 1980-03-06 ·cited 52×
  The court held that the trial court properly admitted evidence and that the defendants were not denied effective assistance of counsel due to joint representation.
• Crisp v. Duckworth
  743 F.2d 580· 7th Cir.· 1984-09-14 ·cited 51×
  The court held that while the attorney's performance may not have met an objective standard of reasonableness, his errors and omissions did not prejudice the defendant's trial outcome to the extent required for habeas corpus relief.
• Kormondy v. State
  983 So. 2d 418· Fla.· 2007-10-11 ·cited 50×
  Johnny Shane Kormondy appeals the circuit court's denial of his Rule 3.851 motion for postconviction relief and files a habeas corpus petition in this capital murder case where he was sentenced to death in 1994 for murdering Gary McAdams during a home invasion robbery. The Florid
• Wilson v. Mintzes
  761 F.2d 275· 6th Cir.· 1985-05-01 ·cited 48×
  The court held that the trial judge acted unreasonably in denying the defendant's request for substitute counsel, thus violating the Sixth Amendment right to counsel of choice.
• United States v. Bradshaw
  719 F.2d 907· 7th Cir.· 1983-10-19 ·cited 47×
  The court held that the defendant knowingly and intelligently waived his Sixth Amendment right to conflict-free counsel by persisting in joint representation after being repeatedly advised of the risks.
• Herring v. State
  730 So. 2d 1264· Fla.· 1998-09-24 ·cited 46×
  Ted Herring, a death row inmate, appealed the denial of his post-conviction motion claiming his public defender Howard Pearl had an actual conflict of interest due to Pearl's honorary status as a special deputy sheriff. The Florida Supreme Court affirmed the trial court's denial,
• Quince v. Crosby
  360 F.3d 1259· 11th Cir.· 2004-02-18 ·cited 45×
  The Eleventh Circuit affirmed the district court's denial of habeas relief, holding that a claim challenging a state judge's recusal in a collateral proceeding is not cognizable on federal habeas review. The court also found no ineffective assistance of counsel based on the trial
• United States v. ARD
  731 F.2d 718· 11th Cir.· 1984-05-03 ·cited 45×
  The court held that the appellants' convictions were supported by sufficient evidence and that their various challenges, including those related to search and seizure, sufficiency of evidence, variance, conflict of interest, co-conspirator statements, cross-examination, presentat
• United States v. Millard Bowie
  892 F.2d 1494· 10th Cir.· 1990-01-08 ·cited 44×
  The court held that the defendant waived his right to challenge the sufficiency of the evidence by presenting his own evidence after the government rested, and that any error in bolstering witness credibility was harmless. However, the court remanded for an evidentiary hearing on
• United States v. Martinez
  630 F.2d 361· 5th Cir.· 1980-11-13 ·cited 44×
  A criminal defendant is denied effective assistance of counsel if represented by an attorney laboring under an actual conflict of interest, and reversal is automatic unless the right was knowingly and intelligently waived.
• Barrientos v. United States
  668 F.2d 838· 5th Cir.· 1982-02-26 ·cited 43×
  The court affirmed the denial of post-conviction relief, holding that the defendant did not demonstrate an actual conflict of interest affecting his counsel's performance, his guilty plea was voluntary, and the failure to appeal after a guilty plea does not constitute ineffective
• Johnson v. State
  78 So. 3d 1305· Fla.· 2012-01-05 ·cited 42×
  The Florida Supreme Court reviewed a Fourth District decision regarding whether the appellate public defender's certification of a conflict of interest automatically transfers representation to the Regional Conflict Counsel (RCC) without court review. The Court held that courts m
• State v. Larzelere
  979 So. 2d 195· Fla.· 2008-02-28 ·cited 42×
  Virginia Larzelere was convicted of murdering her husband and sentenced to death. The Florida Supreme Court affirmed the denial of her motion to vacate her conviction but affirmed the trial court's grant of a new sentencing proceeding, finding that her trial counsel provided inef
• United States v. Benavidez
  664 F.2d 1255· 5th Cir.· 1982-01-04 ·cited 39×
  The court held that a trial court's failure to fully comply with Rule 44(c) is not reversible error unless the defendant demonstrates an actual conflict of interest that adversely affected counsel's performance. The court also held that the trial court did not err in limiting cro
• Simmons v. A.L. Lockhart
  915 F.2d 372· 8th Cir.· 1990-09-27 ·cited 37×
  The court held that while ineffective assistance of post-conviction counsel can excuse procedural defaults, the petitioner failed to demonstrate an actual adverse effect on his defense from his trial counsel's alleged conflict of interest, thus his claim of ineffective assistance
• Oliver v. Louie L. Wainwright
  782 F.2d 1521· 11th Cir.· 1986-02-24 ·cited 37×
  The court held that the joint representation of co-defendants did not create an actual conflict of interest that adversely affected counsel's performance, as the alternative defense theory was not plausible based on the evidence.
• United States v. Ellison
  798 F.2d 1102· 7th Cir.· 1986-08-21 ·cited 36×
  The court held that a defendant is entitled to a new hearing on a motion to withdraw guilty pleas when their counsel operates under an actual conflict of interest that adversely affects their performance.
• Stevenson v. Lanson Newsome
  774 F.2d 1558· 11th Cir.· 1985-11-04 ·cited 36×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel, either due to a conflict of interest or the attorney's failure to object to evidence, as required for habeas corpus relief.
• United States v. Arvey Hawy Lyons and Vickie Elaine Lyons
  703 F.2d 815· 5th Cir.· 1983-04-14 ·cited 36×
  The court held that a mistrial was not required when a witness invoked the Fifth Amendment after partial direct testimony, as the testimony was cumulative and the jury was instructed to disregard it. The court also held that a failure to hold a Rule 44(c) hearing on joint represe
• Brien v. United States
  695 F.2d 10· 1st Cir.· 1982-12-08 ·cited 36×
  The court held that the petitioner failed to demonstrate an actual conflict of interest that adversely affected his lawyer's performance, and therefore, his Sixth Amendment claim for ineffective assistance of counsel was denied.
• Vernal Amtri Turnquest v. Louie L. Wainwright
  651 F.2d 331· 5th Cir.· 1981-07-20 ·cited 36×
  The court held that joint representation of codefendants by the same attorney, where one defendant could gain by evidence damaging to the other, constitutes an actual conflict of interest, violating the Sixth Amendment right to effective assistance of counsel.
• Salazar v. State
  188 So. 3d 799· Fla.· 2016-02-18 ·cited 33×
  Neil Salazar was convicted of first-degree murder and sentenced to death for the 2000 killing of Evelyn Nutter during a home invasion and robbery. The Florida Supreme Court affirmed his conviction but remanded for a new penalty phase due to ineffective assistance of counsel for f
• Washington v. State
  419 So. 2d 1100· Fla. 3d DCA· 1982-07-13 ·cited 33×
  Two defendants jointly represented by a single court-appointed attorney challenged their robbery convictions on the grounds of ineffective assistance due to conflict of interest. The court affirmed, holding that joint representation is not per se unconstitutional and that no actu
• Smith v. Lanson Newsome and Michael Bowers
  876 F.2d 1461· 11th Cir.· 1989-06-19 ·cited 32×
  The court held that the trial court did not err in its handling of potential conflicts of interest regarding joint representation and that faulty jury instructions on intent were harmless error given the facts of the case.
• United States v. Risi
  603 F.2d 1193· 5th Cir.· 1979-10-05 ·cited 32×
  The court held that joint representation did not create an actual conflict of interest, the prosecutor's remark was not reversible error, and the firearm possession was sufficiently proven as unlawful under state law.
• United States v. Kutas
  542 F.2d 527· 9th Cir.· 1976-09-27 ·cited 32×
  The court held that the evidence was sufficient to support the conviction and that the appellant failed to demonstrate prejudice from joint representation, thus affirming the conviction and denial of a new trial.
• United States v. Acevedo
  891 F.2d 607· 7th Cir.· 1989-08-14 ·cited 30×
  The court held that the defendant failed to demonstrate an actual conflict of interest adversely affecting her attorney's performance, and that the jury instruction regarding a 'measurable amount' of cocaine was proper.
• Barham v. United States
  724 F.2d 1529· 11th Cir.· 1984-02-16 ·cited 30×
  The court held that the simultaneous representation of a defendant and a government witness by the same attorney does not constitute ineffective assistance of counsel unless an actual conflict of interest adversely affected the attorney's performance.
• United States ex rel. Otis Williams & A. D. Clark v. Franzen
  687 F.2d 944· 7th Cir.· 1982-08-20 ·cited 30×
  The court held that a conflict of interest adversely affecting a lawyer's performance warrants habeas relief, even if the state court applied an improper prejudice standard or if a petitioner arguably waived the claim on appeal.