Actual Conflict Of Interest

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

• Bryan v. United States
  645 F.2d 842· 9th Cir.· 1981-05-22 ·cited 2×
  The court held that the record was insufficient to determine if counsel's former representation of Romero created a conflict of interest.
• Gordineer v. State
  335 So. 3d 232· Fla. 2d DCA· 2022-03-18 ·cited 1×
  The appellate court granted a petition for writ of certiorari, finding that the circuit court erred in denying the public defender's motion to withdraw. An actual conflict of interest existed because the defendant had sued the public defender's office over a malware attack that c
• Wade v. State
  265 So. 3d 677· Fla. 1st DCA· 2019-02-11 ·cited 1×
  Christopher Wade was convicted of sexual battery with a deadly weapon and sentenced to life in prison. On appeal, he challenged his conviction on two grounds: denial of conflict-free counsel and admission of testimony from two other sexual assault victims. The court affirmed the
• Pledge Davis v. State
  837 So. 2d 476· Fla. 3d DCA· 2002-12-26 ·cited 1×
  Automatic reversal is not warranted solely because a trial court failed to inquire into a potential conflict of interest involving defense counsel; the defendant must demonstrate that the conflict actually affected counsel's performance.
• LEE v. State
  690 So. 2d 664· Fla. 1st DCA· 1997-03-20 ·cited 1×
  Keith Darryl Lee appeals his first-degree murder conviction, challenging the validity of his waiver of a conflict of interest arising from his court-appointed lawyer's prior representation of a key prosecution witness. The court reverses because the trial court failed to inform L
• United States v. Abbell
  900 F. Supp. 449· S.D. Fla.· 1995-09-20 ·cited 1×
  The court held that the government failed to show sufficient grounds to disqualify defense counsel, upholding the defendants' Sixth Amendment right to counsel of choice.
• United States v. Martin
  965 F.2d 839· 10th Cir.· 1992-05-26 ·cited 1×
  The court held that the defendant was denied effective assistance of counsel due to an actual conflict of interest arising from his attorney's dual representation of co-defendants, and that his waiver of this right was ineffective due to the court's inadequate advisement.
• Oliver v. Wainwright
  49 F. Supp. 909· S.D. Fla.· 1984-11-14 ·cited 1×
  The court held that the petitioner was denied effective assistance of counsel due to an actual conflict of interest arising from her attorney's dual representation of her and a co-defendant.
• Budowski v. United States
  M.D. Fla.· 2024-07-29
  The court held that the defendant's claims of an involuntary guilty plea and ineffective assistance of counsel were without merit, as they were contradicted by his sworn statements at the plea hearing and failed to meet the Strickland standard.
• Hearns v. Sec'y, Dep't of Corr. (Sarasota)
  M.D. Fla.· 2024-03-21
  Joshua Hearns sought federal habeas corpus relief challenging his conviction for conspiracy to traffic oxycodone, for which he received a 25-year sentence. The court denied his petition, finding most of his claims procedurally barred because he failed to exhaust state remedies an
• Lundi v. United States
  S.D. Fla.· 2024-03-19
  A guilty plea is knowing and voluntary when the district court specifically and repeatedly informs the defendant of the sentencing guidelines range, maximum penalty, and that counsel's estimates are not binding, even if counsel failed to discuss the specific guidelines calculatio
• Sliney v. Secretary, DOC
  M.D. Fla.· 2024-03-18
  The court held that a Rule 60(b) motion seeking to relitigate a previously denied habeas claim based on newly discovered evidence is a successive habeas petition, and since it was filed without authorization from the court of appeals, the district court lacks jurisdiction.
• Gregg v. United States
  M.D. Fla.· 2024-03-18
  The court held that a defendant has no constitutional right to counsel for a petition for rehearing en banc, and the defendant failed to show an actual conflict of interest adversely affecting counsel's performance on appeal.
• Carrier v. Sec'y, Dep't of Corr. (Hillsborough County)
  M.D. Fla.· 2023-12-19
  The court denied the petition for writ of habeas corpus, finding that the state court's decision regarding ineffective assistance of counsel was not contrary to or an unreasonable application of federal law.
• Thompson
  Del.· 2023-04-18
  The Delaware Supreme Court affirmed the Superior Court's denial of postconviction relief. The court held that trial counsel was not constitutionally ineffective for failing to investigate the 20 Commerce Street property, as the defense strategically used the mistaken information
• Morganti v. Florida Attorney General
  M.D. Fla.· 2023-02-14
  Pasquale Morganti, a Florida inmate, filed a federal habeas petition challenging his 2013 convictions for burglary and grand theft, raising nine claims including allegations of insufficient evidence, ineffective assistance of trial and appellate counsel, and various trial errors.
• Kleckley v. State
  S.D. Fla.· 2022-10-20
  The court adopted the Magistrate Judge's Report and Recommendation, finding that the petitioner's claims of ineffective assistance of counsel and challenges to his sentence were without merit.
• Ceballo v. United States
  S.D. Fla.· 2021-08-11
  The court held that while the motion to vacate sentence was timely filed, it should be denied on the merits because the movant failed to demonstrate ineffective assistance of counsel regarding either plea negotiations or trial conduct.
• Butler v. Sec'y, Fla. Dep't of Corr.
  M.D. Fla.· 2020-10-13
  A Florida inmate convicted of sexual battery and lewd molestation of a child sought federal habeas relief under 28 U.S.C. § 2254, raising twelve grounds including claims of ineffective assistance of trial counsel, violation of his right to conflict-free counsel, and prosecutorial
• Holcombe v. State
  Fla. 5th DCA· 2020-09-13
  James Holcombe appeals his conviction for racketeering and conspiracy to engage in racketeering, claiming his trial attorney had an unwaivable conflict of interest from representing him and his codefendants simultaneously. The court affirmed the conviction, holding that a conflic
• Woods v. Warden Holman Correctional Facility
  952 F.3d 1251· 11th Cir.· 2020-03-05
  The Eleventh Circuit denied the motion for appointment of substitute counsel and a stay of execution, finding the petitioner failed to demonstrate entitlement to either due to untimeliness, futility, and unjustified delay.
• Progressive Select Ins. Co. v. Lloyds of Shelton Auto Glass, LLC
  264 So. 3d 1018· Fla. 2d DCA· 2018-10-31
  The circuit court's order denying Progressive's petition for writ of certiorari was an abuse of discretion and is quashed.
• Mendez-Domingo v. State
  238 So. 3d 382· Fla. 2d DCA· 2017-12-27
  Santos Mendez-Domingo appealed the summary denial of his Rule 3.850 motion claiming ineffective assistance of counsel based on an alleged conflict of interest. The Florida District Court of Appeal, Second District reversed and remanded, holding that while the postconviction court
• Evans v. State
  199 So. 3d 1005· Fla. 4th DCA· 2016-06-22
  The court held that while the summary denial of the postconviction motion was improper, the motion itself was untimely and lacked merit.
• United States v. Fleming
  554 F. Supp. 2d 1286· N.D. Fla.· 2008-04-26
  A defendant's mere dissatisfaction with court-appointed counsel, without more, does not establish an actual conflict of interest or entitle them to new counsel.
• Montgomery v. United States
  557 F. Supp. 2d 1337· M.D. Fla.· 2008-04-14
  The Court held that Petitioner failed to demonstrate entitlement to post-conviction relief under 28 U.S.C. § 2255. The Court denied Petitioner's motion to vacate, set aside, or correct his federal sentence.
• Gallegos v. State
  805 So. 2d 903· Fla. 2d DCA· 2001-10-19
  Daniel Gallegos appealed the denial of his motion for postconviction relief, claiming his trial counsel had an undisclosed conflict of interest by representing both him and the confidential informant who triggered his cocaine trafficking charges. The court affirmed the trial cour
• Uvencia Dixon v. State
  758 So. 2d 1278· Fla. 3d DCA· 2000-06-14
  The appellate court reversed the conviction because the trial court failed to adequately inquire into and advise the defendant about a potential conflict of interest arising from joint representation with her husband, and the defendant's right to separate counsel.
• Hernandez v. State
  750 So. 2d 50· Fla. 3d DCA· 1999-07-14
  Humberto Hernandez appeals his conviction for accessory after the fact, arguing that his trial attorney's undisclosed sexual relationship with Hernandez's wife during trial constituted an actual conflict of interest depriving him of effective assistance of counsel. The court hold
• Ross v. State
  717 So. 2d 110· Fla. 5th DCA· 1998-08-28
  Dennis Ross appealed the denial of his postconviction motion for ineffective assistance of counsel, arguing his trial counsel had a conflict of interest because counsel had previously represented the victim's mother in an unrelated contempt case. The court affirmed the trial cour
• United States v. Abbell
  852 F. Supp. 511· S.D. Fla.· 1996-09-10
  The court held that Irwin Lichter must be disqualified as trial counsel for Defendant Pereira-Salas because he will be a necessary government witness, but denied the motion to disqualify Howard Srebnick as counsel for Defendant Abbell.
• United States v. Culp
  934 F. Supp. 394· M.D. Fla.· 1996-07-09
  The court held that an attorney's prior representation of government witnesses in related matters creates a potential and actual conflict of interest, requiring disqualification even if the defendant waives the conflict.
• Bynes v. State
  653 So. 2d 1064· Fla. 4th DCA· 1995-04-12
• United States v. Vasquez
  995 F.2d 40· 5th Cir.· 1993-06-23
  The district court did not abuse its discretion in disqualifying defense counsel due to a serious potential for conflict of interest.
• Dokes v. A.L. Lockhart
  992 F.2d 833· 8th Cir.· 1993-05-10
  The court held that the appellant failed to demonstrate an actual conflict of interest adversely affecting counsel's performance or that counsel's performance was deficient, thus affirming the denial of his habeas corpus petition.
• United States v. Swartz
  975 F.2d 1042· 4th Cir.· 1992-09-16
  The court held that an actual conflict of interest adversely affected the defendant's counsel's performance during sentencing, and the defendant's prior waiver was insufficient to cover this developed conflict.
• United States v. Letitia Magini
  973 F.2d 261· 4th Cir.· 1992-08-14
  The court held that a defendant asserting a Sixth Amendment conflict of interest claim is entitled to an evidentiary hearing if they allege facts which, if true, would entitle them to relief, and the record does not conclusively show they are not entitled to relief.
• United States v. Allen
  831 F.2d 1487· 9th Cir.· 1987-11-09
  The court held that Allen was not denied effective assistance of counsel at trial and sentencing, despite pre-trial representation bordering on constitutional failure due to unwaived conflicts of interest.
• Kirby v. Dutton
  831 F.2d 1280· 6th Cir.· 1987-10-28
  The court held that the petitioner's claims of actual conflict of interest from joint representation, prosecutorial misconduct, and ineffective assistance of counsel did not warrant habeas corpus relief because he failed to demonstrate prejudice or constitutional violations.
• United States v. Scharrer
  614 F. Supp. 234· S.D. Fla.· 1985-07-15
  The court held that the defendant's post-trial motions alleging insufficient evidence and ineffective assistance of counsel were without merit.
• Greer v. Black
  758 F.2d 327· 8th Cir.· 1985-04-01
  The court held that the petitioner failed to demonstrate an actual conflict of interest adversely affecting his attorney's performance, thus his Sixth Amendment claim for ineffective assistance of counsel failed.
• Shiver v. State
  417 So. 2d 1140· Fla. 5th DCA· 1982-08-11
  The appellate court reviewed convictions for attempted trafficking in cannabis, focusing on whether the trial court erred in denying a co-defendant's counsel leave to withdraw due to a conflict of interest.