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. Roth
  860 F.2d 1382· 7th Cir.· 1988-10-26 ·cited 14×
  A defendant's waiver of the right to conflict-free counsel is valid if they understand the general risks involved, even if not all potential conflicts are disclosed. Bribing judges constitutes 'association' with the court for RICO purposes.
• United States v. Burney
  756 F.2d 787· 10th Cir.· 1985-03-07 ·cited 14×
  The court held that a defendant claiming ineffective assistance of counsel due to joint representation must demonstrate an actual conflict of interest that adversely affected counsel's performance, even if the trial court failed to conduct a Rule 44(c) inquiry.
• Whiteside v. Scurr
  750 F.2d 713· 8th Cir.· 1984-12-24 ·cited 14×
  A lawyer insisting a client testify truthfully, rather than falsely, does not constitute ineffective assistance of counsel.
• Tyronne J. Mitchell v. Maggio
  679 F.2d 77· 5th Cir.· 1982-06-25 ·cited 14×
  The court held that an attorney's status as a part-time city prosecutor does not inherently create an actual conflict of interest violating the Sixth Amendment when representing a defendant in state court, absent proof of divided loyalties or adverse attorney-client relationships
• United States v. Laura
  667 F.2d 365· 3d Cir.· 1981-12-15 ·cited 14×
  The court held that an actual conflict of interest from joint representation did not adversely affect the appellant's legal representation, and that she made a knowing, intelligent, and voluntary waiver of her right to separate counsel. Furthermore, the court found that the trial
• United States v. Ramsey
  661 F.2d 1013· 4th Cir.· 1981-10-09 ·cited 14×
  The court held that the appellants were not denied effective assistance of counsel due to joint representation because they failed to demonstrate an actual conflict of interest or that the trial court should have known of a potential conflict.
• Gray v. Estelle
  616 F.2d 801· 5th Cir.· 1980-05-07 ·cited 14×
  The court held that the petitioner did not knowingly and intelligently waive his right to conflict-free counsel because the state failed to prove he understood the dangers of the conflict or his right to obtain other counsel.
• United States v. DeFALCO
  644 F.2d 132· 3d Cir.· 1979-12-28 ·cited 14×
  The plurality opinion presumes an inherent conflict of interest for an indicted attorney, potentially leading to ineffective assistance of counsel claims.
• Kolker v. State
  649 So. 2d 250· Fla. 3d DCA· 1994-12-21 ·cited 13×
  Walter Kolker sought certiorari review of a trial court order disqualifying his attorney Richard Marx due to a conflict of interest. Marx had previously represented both Kolker and co-defendant Edward Kruger, who became a witness for the prosecution. The court denied certiorari,
• United States v. Geittmann
  733 F.2d 1419· 10th Cir.· 1984-05-25 ·cited 13×
  The court held that Zamansky's conviction stands because no conflict affected his guilty plea, but his case must be remanded for resentencing due to an actual conflict affecting his representation at sentencing. The court also held that Geittmann's Sixth Amendment rights were vio
• Carlson v. Nelson
  443 F.2d 21· 9th Cir.· 1971-05-14 ·cited 13×
  The Ninth Circuit held that joint representation of co-defendants does not require relief unless an actual conflict of interest is demonstrated, not merely speculated upon.
• Hoffman v. Leeke
  903 F.2d 280· 4th Cir.· 1990-05-02 ·cited 12×
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to an actual conflict of interest by his attorney, and that the defendant's purported waiver of this right was not knowing and intelligent.
• United States v. Aiello
  814 F.2d 109· 2d Cir.· 1987-03-18 ·cited 12×
  The court held that the district court erred in summarily denying the appellants' motion for a new trial without a hearing, as their affidavits raised genuine issues of material fact regarding conflicts of interest. The court affirmed the denial of Scaduto's motion to correct his
• United States v. O'Leary
  806 F.2d 1307· 7th Cir.· 1986-11-24 ·cited 12×
  The court held that the district court correctly found an actual conflict of interest that adversely affected counsel's performance, and that the petitioner did not effectively waive this conflict due to collusion among the prosecutor, defense attorney, and police officer.
• United States v. Romero
  780 F.2d 981· 11th Cir.· 1986-01-24 ·cited 12×
  The court held that the district court's failure to adequately advise a defendant of his right to separate counsel under Rule 44(c), combined with an actual conflict of interest arising from joint representation, mandates reversal of the conviction.
• Roesevelt Hayes v. A.L. Lockhart
  766 F.2d 1247· 8th Cir.· 1985-07-09 ·cited 12×
  The court held that the appellant failed to demonstrate an actual conflict of interest from joint representation or ineffective assistance of counsel, and that his due process claim regarding a jury instruction was procedurally barred.
• United States v. Valenzuela
  521 F.2d 414· 8th Cir.· 1975-07-24 ·cited 12×
  The dissenting judge would find that the appellant was denied effective assistance of counsel and would reverse the conviction.
• Kelly v. United States
  820 F.2d 1173· 11th Cir.· 1987-07-06 ·cited 11×
  The court held that the appellant failed to establish ineffective assistance of counsel under the applicable legal standards, despite the unprofessional conduct of his attorneys.
• Thomas v. Foltz
  818 F.2d 476· 6th Cir.· 1987-05-01 ·cited 11×
  The court held that the petitioner failed to prove an actual conflict of interest adversely affected his lawyer's performance.
• Camera v. Fogg
  658 F.2d 80· 2d Cir.· 1981-08-26 ·cited 11×
  The court held that the joint representation of multiple defendants by a single attorney, where an actual conflict of interest adversely affected the attorney's performance, violated the Sixth Amendment right to counsel.
• Leslie v. State
  720 So. 2d 559· Fla. 4th DCA· 1998-09-09 ·cited 10×
  The Fourth District Court of Appeal held that when a public defender certifies a conflict of interest, the trial court lacks discretion to deny the public defender's motion to withdraw and must grant it. The court reversed the trial court's order denying the motion to withdraw co
• Freund v. Butterworth
  117 F.3d 1543· 11th Cir.· 1997-07-16 ·cited 10×
  John Freund was convicted of first-degree murder in a Florida state court and sentenced to life imprisonment. Freund's defense counsel, the law firm of Foley, Colton and Duncan, labored under significant conflicts of interest that prevented effective representation. The law firm
• Simmons v. A.L. Lockhart
  856 F.2d 1144· 8th Cir.· 1988-09-14 ·cited 10×
  The court granted the motion to recall its mandate and petition for rehearing, remanding the case to the District Court for further proceedings on specific constitutional claims.
• Wright v. State OF Minn. & Robert A. Erickson
  833 F.2d 746· 8th Cir.· 1987-11-18 ·cited 10×
  The court held that the appellant was not entitled to habeas relief because the state court's findings of competency and effective assistance of counsel were supported by the record, and an evidentiary hearing was not required.
• Freddy Lee Wright and Theodore Jerome Page v. State
  423 So. 2d 633· Fla. 5th DCA· 1982-12-22 ·cited 10×
  The court denied the State's motion to dismiss an appeal raising a Sixth Amendment ineffective assistance of counsel claim based on joint representation of co-defendants by the same attorney. Although such claims are ordinarily not preserved for direct appeal without a trial cour
• United States v. Zajac
  677 F.2d 61· 11th Cir.· 1982-05-24 ·cited 10×
  The court held that the trial court properly conducted a hearing to determine if the defendants knowingly and voluntarily waived their right to conflict-free counsel, and that the procedure followed comported with established requirements.
• Johnson v. State
  917 So. 2d 226· Fla. 3d DCA· 2005-12-07 ·cited 9×
  A defendant who seeks to establish a Sixth Amendment violation based on conflict of interest must demonstrate that an actual conflict of interest adversely affected his counsel's performance, and where counsel represented a witness on an unrelated matter and that witness was not
• Robinson v. State
  750 So. 2d 58· Fla. 2d DCA· 1999-08-20 ·cited 8×
  The court held that it could not grant the petition because the incomplete record made it impossible to determine if the county court departed from the essential requirements of law.
• Thomas v. State
  725 So. 2d 1171· Fla. 5th DCA· 1998-12-18 ·cited 8×
  Larry Thomas appeals his conviction for firearm-related crimes, armed burglary, and robbery. While the court rejects his arguments regarding a judgment of acquittal and witness prejudice, it expresses concern about the trial court's denial of defense counsel's motion to withdraw
• United States v. Michaud
  925 F.2d 37· 1st Cir.· 1991-02-13 ·cited 8×
  The court held that the appellant failed to demonstrate fundamental error warranting a writ of error coram nobis, as his claims were either previously decided on direct appeal or insufficiently specific.
• Melvyn Jack Rosenwald v. United States
  898 F.2d 585· 7th Cir.· 1990-04-02 ·cited 8×
  The court held that an evidentiary hearing is necessary to determine if the attorney's simultaneous representation of a government witness created an actual conflict of interest that adversely affected his performance.
• Cerro v. United States
  872 F.2d 780· 7th Cir.· 1989-04-18 ·cited 8×
  The court held that the defendant failed to demonstrate an actual conflict of interest that adversely affected his counsel's performance, nor did the judge, prosecutor, or counsel fail in their duties regarding potential conflicts.
• United States v. Mazzaferro
  865 F.2d 450· 1st Cir.· 1989-01-23 ·cited 8×
  The court held that the defendant was not denied effective assistance of counsel due to joint representation, as no actual conflict of interest adversely affected his lawyer's performance. However, the court remanded for resentencing due to concerns about potential vindictiveness
• United States v. Franklyn G. Perry
  857 F.2d 1346· 9th Cir.· 1988-09-22 ·cited 8×
  The court held that the post-indictment service of a grand jury subpoena on a target's counsel for fee information does not constitute a per se violation of the Sixth Amendment right to counsel, as prejudice is not presumed in such cases.
• United States v. Hernandez
  849 F.2d 1325· 10th Cir.· 1988-06-24 ·cited 8×
  The court held that the defendant's trial counsel was not ineffective, as there was no breakdown in communication, no actual conflict of interest, and counsel's performance was not constitutionally deficient.
• United States v. Richie Abner
  825 F.2d 835· 5th Cir.· 1987-08-14 ·cited 8×
  The court held that Richie Abner did not suffer from ineffective assistance of counsel because his attorney's conflict of interest did not have an adverse effect on his defense, as the charges against Richie were unrelated to the bankruptcy proceedings where the conflict arose.
• Bridges v. United States
  794 F.2d 1189· 7th Cir.· 1986-06-30 ·cited 8×
  The court held that a defendant experienced in criminal proceedings who knowingly chooses to retain counsel with a known conflict of interest, and assures the court he is satisfied with that counsel, waives his right to conflict-free representation.
• Jefferson v. State
  440 So. 2d 20· Fla. 1st DCA· 1983-10-31 ·cited 8×
  Anthony Jefferson was convicted of armed robbery and appealed, claiming ineffective assistance of counsel. The court affirmed the conviction, holding that Jefferson failed to establish an actual conflict of interest affecting his attorney's performance, as the attorney had repres
• Scott v. United States
  598 F.2d 392· 5th Cir.· 1979-07-05 ·cited 8×
  The court held that a petitioner must demonstrate an actual conflict of interest to receive relief for joint representation when no timely objection was made.
• Thacker v. Bordenkircher
  590 F.2d 640· 6th Cir.· 1979-01-08 ·cited 8×
  The court held that a mere potential conflict of interest arising from joint representation is insufficient to establish a denial of the Sixth Amendment right to effective assistance of counsel; an actual conflict must be shown.
• State v. Oliver
  442 So. 2d 1073· Fla. 3d DCA· 1983-12-20 ·cited 7×
  The State appeals a trial court's order vacating a seven-year-old manslaughter conviction and granting a new trial based on ineffective assistance of counsel due to alleged conflict of interest from joint representation. The appellate court reverses, finding no actual conflict of
• Alessi v. State
  969 So. 2d 430· Fla. 5th DCA· 2007-11-09 ·cited 6×
  Timothy Alessi appeals the denial of his postconviction motion alleging ineffective assistance of counsel in his murder conviction. The court affirms all Strickland claims but reverses and remands on one Sullivan conflict-of-interest claim, finding that trial counsel's performanc
• Bailey v. Leatherman
  615 So. 2d 810· Fla. 3d DCA· 1993-03-16 ·cited 6×
• Morris v. State OF Cal.
  966 F.2d 448· 9th Cir.· 1991-09-30 ·cited 6×
  The court held that judicial estoppel does not bar a habeas petitioner from asserting a claim of innocence based on ineffective assistance of counsel, and that the petitioner may be entitled to relief if her counsel's performance was deficient and prejudiced her defense.
• In re Humble Place Joint Venture v. Fory
  936 F.2d 814· 5th Cir.· 1991-07-29 ·cited 6×
  The court held that the bankruptcy court properly dismissed the Chapter 11 case for lack of good faith and properly ordered disgorgement of attorneys' fees due to an actual conflict of interest.
• United States v. Arinin Ziegenhagen
  890 F.2d 937· 7th Cir.· 1989-11-27 ·cited 6×
  The court held that an actual conflict of interest existed due to the attorney's prior representation of the prosecution against the defendant, and remanded for an evidentiary hearing to determine if the defendant waived this conflict.
• Wycoff v. Crispus NIX
  869 F.2d 1111· 8th Cir.· 1989-03-13 ·cited 6×
  The court held that the petitioner's claims of prosecutorial misconduct and ineffective assistance of counsel did not rise to the level of constitutional violations, and therefore, habeas corpus relief was properly denied.
• United States v. Holley
  826 F.2d 331· 5th Cir.· 1987-08-24 ·cited 6×
  A defendant must demonstrate an actual conflict of interest arising from joint representation to warrant reversal, even if the trial court failed to conduct the required Rule 44(c) inquiry.
• Danner v. United States
  820 F.2d 1166· 11th Cir.· 1987-07-06 ·cited 6×
  The court held that the defendant failed to establish an actual conflict of interest adversely affecting his trial counsel's performance, and therefore his claim of ineffective assistance of counsel was denied.
• Nance v. Benson
  794 F.2d 1325· 8th Cir.· 1986-07-03 ·cited 6×
  The court held that the appellant failed to demonstrate an actual conflict of interest or that his counsel's performance was deficient and prejudicial, thus affirming the denial of habeas corpus relief.