Actual Conflict Of Interest

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

• United States v. Burroughs
  650 F.2d 595· 5th Cir.· 1981-07-13 ·cited 30×
  The court held that the district court did not err in denying the motion to vacate sentence without an evidentiary hearing, as the record conclusively established the appellant was entitled to no relief.
• United States v. Valois
  915 F.3d 717· 11th Cir.· 2019-02-12 ·cited 29×
  The court affirmed convictions and sentences, finding no error in the district court's exercise of jurisdiction, denial of a mistrial, or handling of potential attorney conflicts of interest.
• Guenter Mannhalt v. Amos E. Reed
  847 F.2d 576· 9th Cir.· 1988-05-25 ·cited 29×
  An attorney's accusation of criminal conduct related to the client's charges creates an actual conflict of interest that adversely affects performance, violating the Sixth Amendment right to effective assistance of counsel.
• Parker v. Parratt
  662 F.2d 479· 8th Cir.· 1981-10-28 ·cited 29×
  The court held that neither defendant demonstrated an actual conflict of interest arising from joint representation, and therefore, neither is entitled to federal habeas corpus relief.
• Sliney v. State
  944 So. 2d 270· Fla.· 2006-11-09 ·cited 28×
  Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
• Raleigh Porter v. State
  653 So. 2d 374· Fla.· 1995-03-28 ·cited 28×
  Raleigh Porter, a death row inmate, challenged his death sentence through a second 3.850 postconviction motion and habeas petition, raising claims of trial counsel conflict of interest, Brady violations, resentencing counsel ineffectiveness, and newly discovered mitigating eviden
• United States v. Huntley
  535 F.2d 1400· 5th Cir.· 1976-07-29 ·cited 28×
  The court held that the defendants' absence during the rendition of judgment was a harmless error, and that the evidence was sufficient to convict them of interstate transportation of falsely made securities.
• Rolling v. State
  825 So. 2d 293· Fla.· 2002-06-27 ·cited 25×
  Danny Harold Rolling, convicted and sentenced to death for five counts of first-degree murder in Gainesville, Florida, appeals the denial of his postconviction relief motion based on an ineffective assistance of counsel claim. Rolling argues his trial counsel failed to timely see
• Hunter v. State
  29 So. 3d 256· Fla.· 2008-09-25 ·cited 24×
  James Eugene Hunter, a death row inmate, appealed the circuit court's denial of his successive Rule 3.851 postconviction motion raising claims of newly discovered evidence, Brady/Giglio violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed the tria
• Rock v. State
  638 So. 2d 933· Fla.· 1994-06-23 ·cited 24×
  The Florida Supreme Court upheld a consolidated jury selection procedure in which three unrelated criminal cases were tried with juries selected sequentially from the same venire, rejecting the defendant's claim that this created an impermissible conflict of interest for his coun
• Williams v. A.L. Lockhart
  849 F.2d 1134· 8th Cir.· 1988-06-24 ·cited 24×
  The district court erred in denying the habeas petition without an evidentiary hearing, as there were disputed material facts regarding ineffective assistance of counsel and the state court failed to provide a full and fair hearing.
• Stephens v. United States
  595 F.2d 1066· 5th Cir.· 1979-05-23 ·cited 24×
  The court held that an attorney's concurrent representation of a defendant and a key prosecution witness, where the witness's plea agreement was contingent on testimony, constitutes an actual conflict of interest requiring reversal of the conviction, and prejudice need not be dem
• Austin v. Erickson
  477 F.2d 620· 8th Cir.· 1973-04-20 ·cited 24×
  The court held that the joint representation of co-defendants by a single attorney created an actual conflict of interest that deprived the petitioner of her Sixth Amendment right to effective assistance of counsel.
• United States v. Soudan
  812 F.2d 920· 5th Cir.· 1986-12-15 ·cited 23×
  The court held that the appellant was not denied effective assistance of counsel, as there was no actual conflict of interest, and that the government's theory of prosecution did not constructively amend the indictment.
• Burger v. Kemp
  753 F.2d 930· 11th Cir.· 1985-02-05 ·cited 23×
  The court held that the defendant was denied effective assistance of counsel due to his attorney's active representation of conflicting interests and failure to present mitigating evidence at sentencing.
• McCONICO v. State OF Ala.
  919 F.2d 1543· 11th Cir.· 1990-12-27 ·cited 22×
  The court held that the defendant's trial counsel faced an actual conflict of interest due to simultaneous representation of the defendant and his wife in an insurance claim, and this conflict adversely affected counsel's representation, violating the Sixth Amendment.
• Burnside v. State
  656 So. 2d 241· Fla. 5th DCA· 1995-06-07 ·cited 21×
  Scott Allen Burnside appeals his convictions for murder and related charges, claiming he was denied effective assistance of counsel due to a conflict of interest when the prosecutor threatened to call his trial counsel as a witness, and that the trial court erroneously admitted h
• United States v. Horton
  845 F.2d 1414· 7th Cir.· 1988-04-26 ·cited 21×
  The court held that the defendant's court-appointed counsel's candidacy for United States Attorney did not constitute an actual conflict of interest adversely affecting his performance, and that the defendant's claims of ineffective assistance of counsel were meritless.
• United States v. Biagio Cirrincione and Tom Cirrincione
  780 F.2d 620· 7th Cir.· 1985-12-11 ·cited 21×
  The court held that the defendants knowingly and voluntarily waived their right to separate counsel and that no actual conflict of interest adversely affected their attorney's performance at trial.
• Rock v. State
  622 So. 2d 487· Fla. 1st DCA· 1993-07-07 ·cited 20×
  Terry Rock appealed his conviction, challenging the trial court's decision to conduct simultaneous jury selection for three unrelated cases with different defendants in the same courtroom. The First District Court of Appeal affirmed, holding that simultaneous jury selection does
• United States v. Tatum
  943 F.2d 370· 4th Cir.· 1991-08-14 ·cited 20×
  The dissenting judge believes the majority erred in finding that the prior counsel's conflict of interest inevitably tainted the trial counsel's representation without sufficient record evidence.
• United States v. Petz
  764 F.2d 1390· 11th Cir.· 1985-07-05 ·cited 20×
  The court held that the record did not clearly establish an unequivocal waiver of the right to conflict-free counsel, deferring the issue to a collateral proceeding.
• United States v. Unger
  700 F.2d 445· 8th Cir.· 1983-02-18 ·cited 20×
  The court held that Crystal Unger did not knowingly waive her right to separate counsel, and the conflict of interest adversely affected her sentencing, thus vacating her sentence.
• United States v. Litchfield
  959 F.2d 1514· 10th Cir.· 1992-03-24 ·cited 18×
  The court held that the four-point enhancement for being an organizer or leader was improper, but the obstruction of justice enhancement and consecutive sentencing were not. The conviction is affirmed, but the case is remanded for resentencing.
• Morgan v. State
  550 So. 2d 151· Fla. 3d DCA· 1989-10-17 ·cited 18×
  Andre and Anthony Morgan appealed their drug trafficking and weapons convictions. The court affirmed their convictions but reversed Andre Morgan's sentence due to the state's failure to produce corroborating evidence for disputed juvenile adjudications used in sentencing, while a
• Duncan v. State OF Ala.
  881 F.2d 1013· 11th Cir.· 1989-08-24 ·cited 18×
  The court held that the petitioner knowingly and intelligently waived his right to conflict-free counsel, affirming the denial of his habeas corpus petition.
• Martinez v. Sullivan
  881 F.2d 921· 10th Cir.· 1989-08-04 ·cited 18×
  The prosecution's failure to utilize the Uniform Act to secure an out-of-state witness, coupled with the witness's history of unreliability, meant the witness was not legally "unavailable" and their prior testimony should not have been admitted, and this error was not harmless.
• United States v. Andrews
  790 F.2d 803· 10th Cir.· 1986-04-30 ·cited 18×
  The court should remand for a hearing to determine if an actual conflict of interest adversely affected counsel's performance, potentially invalidating the guilty plea.
• United States v. Alvarez
  696 F.2d 1307· 11th Cir.· 1983-01-31 ·cited 18×
  The court held that the failure to conduct a Rule 44(c) inquiry is not reversible error unless an actual conflict of interest is demonstrated. The court also held that sufficient independent evidence linked the appellant to the conspiracy to admit coconspirator statements and sup
• Willis v. United States
  614 F.2d 1200· 9th Cir.· 1979-11-05 ·cited 18×
  The court held that the appellant failed to demonstrate an actual conflict of interest or prejudice resulting from joint representation, and the trial court was not required to inquire further absent objective evidence of a conflict.
• Harrel Franklin Braddy v. State
  219 So. 3d 803· Fla.· 2017-06-15 ·cited 17×
  Harrel Braddy, sentenced to death for kidnapping, murder, and other crimes, appeals the denial of postconviction relief. The Florida Supreme Court affirmed the denial of a new guilt phase trial but vacated the death sentence and granted a new penalty phase based on Hurst v. Flori
• United States v. Antonino Aiello
  900 F.2d 528· 2d Cir.· 1990-04-02 ·cited 17×
  The court held that a habeas petitioner must show an actual conflict of interest that adversely affected his lawyer's performance, and that mere speculation or a theoretical conflict is insufficient to warrant reversal, especially when the alleged conflict is unrelated to the cha
• Moore v. United States
  950 F.2d 656· 10th Cir.· 1991-12-02 ·cited 16×
  The court held that the petitioner's allegations of attorney conflict of interest, if proven, could entitle him to relief, and thus an evidentiary hearing is required.
• United States v. Casiano
  929 F.2d 1046· 5th Cir.· 1991-04-26 ·cited 16×
  A defendant can waive their Sixth Amendment right to conflict-free counsel, provided the waiver is voluntary, knowing, and intelligent, and the trial court actively participates in ensuring the defendant understands the potential conflicts and consequences.
• United States v. Suntar Roofing, Inc.
  897 F.2d 469· 10th Cir.· 1990-02-27 ·cited 16×
  The court held that a horizontal customer allocation agreement constitutes a per se violation of Section 1 of the Sherman Act, and that sufficient evidence supported the jury's finding of a conspiracy and an effect on interstate commerce.
• United States v. Ryan Krebs (83-1098)
  788 F.2d 1166· 6th Cir.· 1986-04-18 ·cited 16×
  The court held that the defendant Krebs knowingly and intelligently waived his Sixth Amendment right to conflict-free counsel, and that the defendant Levine failed to demonstrate sufficient prejudice from the denial of his severance motion to warrant reversal.
• Nealy v. Cabana
  782 F.2d 1362· 5th Cir.· 1986-02-24 ·cited 16×
  The court held that a petitioner seeking habeas corpus relief based on an actual conflict of interest must demonstrate that the conflict adversely affected counsel's performance, but need not show that the outcome would have been different.
• Judson Ruffin v. Kemp
  767 F.2d 748· 11th Cir.· 1985-07-18 ·cited 16×
  The court held that an attorney's representation of codefendants, where one codefendant's plea bargain involved testifying against the other, created an actual conflict of interest that adversely affected the attorney's performance, entitling the defendant to habeas corpus relief
• In re Georgetown OF Kettering, Ltd. v. Baggott LAW Offs. Co.
  750 F.2d 536· 6th Cir.· 1984-12-19 ·cited 16×
  An attorney representing a debtor in possession who also represents a creditor in the same bankruptcy case, even if the creditor's claim is later disallowed, has an actual conflict of interest that requires denial of compensation.
• Burger v. Zant
  718 F.2d 979· 11th Cir.· 1983-10-13 ·cited 16×
  The court held that a defendant is denied effective assistance of counsel when his attorney actively represents conflicting interests and fails to present mitigating evidence at sentencing, and prejudice is presumed in conflict of interest cases.
• Miller v. State
  161 So. 3d 354· Fla.· 2015-02-26 ·cited 15×
  Lionel Michael Miller, convicted and sentenced to death for the first-degree murder of a 72-year-old woman with Alzheimer's dementia, appeals the denial of his Rule 3.851 motion to vacate his conviction and sentence. The Florida Supreme Court affirmed the postconviction court's d
• Public Defender v. State
  115 So. 3d 261· Fla.· 2013-05-23 ·cited 15×
  The Florida Supreme Court held that while excessive caseload and underfunding alone cannot be the sole basis for a public defender's withdrawal under Fla. Stat. § 27.5303(l)(d), a public defender may withdraw when competent evidence demonstrates a substantial risk that representa
• Burden v. Zant
  24 F.3d 1298· 11th Cir.· 1994-06-15 ·cited 15×
  The Eleventh Circuit reversed the district court's denial of the writ of habeas corpus, holding that the petitioner's trial counsel labored under an actual conflict of interest that adversely affected his performance. This conflict arose from the attorney's representation of both
• United States v. Blum
  753 F.2d 999· 11th Cir.· 1985-02-22 ·cited 15×
  The court held that the search warrant was sufficiently particular and that items seized under the plain view exception were admissible. The court also found that the defendants knowingly and voluntarily waived their right to conflict-free counsel.
• Howell v. Sec'y, Fla. Dep't OF Corr.
  730 F.3d 1257· 11th Cir.· 2013-09-13 ·cited 14×
  The court affirmed the denial of Mr. Howell's federal habeas petition. The concurring opinion found that Mr. Howell's claims of ineffective assistance of counsel, based on the failure to present an intervening cause defense, the trial court's sentencing procedure, and alleged con
• Lombardo v. United States
  222 F. Supp. 2d 1367· S.D. Fla.· 2002-10-09 ·cited 14×
  The court rejected the magistrate's recommendation, finding that the petitioner's counsel did not labor under an actual conflict of interest that adversely affected his representation.
• United States v. Jimenez
  928 F.2d 356· 10th Cir.· 1991-03-19 ·cited 14×
  The court affirmed the conviction but vacated the sentence, remanding for resentencing due to a procedural error in addressing disputed facts in the presentence report.
• United States v. Jones
  900 F.2d 512· 2d Cir.· 1990-03-30 ·cited 14×
  The court affirmed the convictions for false declarations and obstruction of justice but vacated the sentence, finding insufficient evidence to support the Sentencing Guidelines enhancement for substantially interfering with the administration of justice.
• Russell v. Lynaugh
  892 F.2d 1205· 5th Cir.· 1989-12-08 ·cited 14×
  The court affirmed the denial of habeas corpus relief, agreeing that the issue was procedurally barred and that the venireman's exclusion was proper on the merits.
• United States v. Gambino
  864 F.2d 1064· 3d Cir.· 1988-12-30 ·cited 14×
  The court affirmed the denial of the motion, holding that the defendant failed to demonstrate an actual conflict of interest that adversely affected his counsel's performance.