Conflict Of Interest

2,287 Florida cases classified under this topic, plus 195 listed through its narrower topics · sorted by citation count · see the citation graph · browse and sort

• Baker v. State
  878 So. 2d 1236· Fla.· 2004-03-11 ·cited 1807×
  The Florida Supreme Court consolidated three habeas corpus petitions filed by noncapital defendants challenging their convictions and dismissed them as unauthorized. The court clarified that habeas corpus relief is not available for collateral postconviction challenges that shoul
• Rutherford v. Moore
  774 So. 2d 637· Fla.· 2000-10-12 ·cited 433×
  Arthur Dennis Rutherford, a death row inmate, petitioned for habeas corpus relief claiming his appellate counsel was constitutionally ineffective. The Florida Supreme Court denied relief, finding that appellate counsel's performance was not deficient because the claims Rutherford
• United States v. Isaacs
  493 F.2d 1124· 7th Cir.· 1974-02-19 ·cited 347×
• MacKENNA v. Ellis
  280 F.2d 592· 5th Cir.· 1960-06-22 ·cited 341×
  The dissenting judge argues that the majority's decision to set aside a state court conviction is not justified by the facts or cited authority and sets a dangerous precedent.
• 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.
• Blanco v. Louie L. Wainwright
  507 So. 2d 1377· Fla.· 1987-05-07 ·cited 277×
  Omar Blanco, a death row inmate convicted of first-degree murder, sought post-conviction relief and a writ of habeas corpus challenging his conviction and death sentence. The Florida Supreme Court affirmed the denial of his Rule 3.850 motion and denied the habeas petition, findin
• Reubin Askew v. Firestone
  421 So. 2d 151· Fla.· 1982-10-21 ·cited 242×
  The Florida Supreme Court reversed a trial court order validating a ballot caption and summary for a proposed constitutional amendment (SJR 1035) that would weaken the lobbying restrictions on former legislators and statewide elected officers contained in the Sunshine Amendment.
• Rutherford v. Crosby
  385 F.3d 1300· 11th Cir.· 2004-09-21 ·cited 214×
  Arthur Rutherford was convicted of murdering Stella Salamon in 1985 and sentenced to death based on three aggravating circumstances: the crime was heinous, atrocious, and cruel; it was cold, calculated, and premeditated; and it was committed during a robbery for pecuniary gain. O
• Guzman v. State
  868 So. 2d 498· Fla.· 2003-11-20 ·cited 205×
  James Guzman appeals the denial of his post-conviction Rule 3.850 motion challenging his death sentence for murder, raising claims of prosecutorial misconduct, evidence suppression, and destruction of evidence. The Florida Supreme Court affirms most denials but remands the Giglio
• Gaskin v. State
  737 So. 2d 509· Fla.· 1999-07-01 ·cited 201×
  Louis Gaskin, a death row inmate, appealed the summary denial of his Rule 3.850 postconviction motion. The Florida Supreme Court affirmed most denials but reversed and remanded for an evidentiary hearing on ineffective assistance of counsel claims based on trial counsel's failure
• Larzelere v. State
  676 So. 2d 394· Fla.· 1996-03-28 ·cited 198×
  Virginia Gail Larzelere was convicted of first-degree murder and sentenced to death for orchestrating the murder of her husband, a dentist, to collect life insurance. The Florida Supreme Court affirmed both the conviction and the death sentence, finding sufficient evidence of pre
• United States v. Garcia
  517 F.2d 272· 5th Cir.· 1975-08-07 ·cited 198×
  The court held that criminal defendants can knowingly and intelligently waive their Sixth Amendment right to conflict-free representation, even if the trial court believes such conflicts exist.
• Bonetti v. Embarq Mgmt. Co.
  715 F. Supp. 2d 1222· M.D. Fla.· 2009-08-04 ·cited 188×
  The Court held that it should not independently scrutinize the reasonableness of attorneys' fees in FLSA settlements unless there is objective evidence that the plaintiff's recovery was adversely affected by the fee amount.
• 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
• Downs v. State
  453 So. 2d 1102· Fla.· 1984-06-21 ·cited 187×
  Ernest Downs appeals the trial court's denial of his post-conviction motions to vacate his death sentence and murder conviction for killing Harris. The Florida Supreme Court affirms, holding that Downs failed to establish ineffective assistance of counsel and applying the newly a
• United States v. Terence George Kelly
  888 F.2d 732· 11th Cir.· 1989-09-29 ·cited 182×
  The court held that the evidence was insufficient to support convictions for conspiracy to possess with intent to distribute cocaine and for aiding and abetting such possession, and that the exclusion of testimony regarding the defendant's professional obligations was an abuse of
• 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
• Sheppard v. State
  17 So. 3d 275· Fla.· 2009-08-27 ·cited 175×
  The Florida Supreme Court resolved a conflict between district courts regarding whether a defendant represented by counsel can file a pro se motion to withdraw a guilty plea under Rule 3.170(l) without explicitly requesting discharge of counsel. The Court held that a narrow excep
• Duest v. Dugger
  555 So. 2d 849· Fla.· 1990-01-18 ·cited 172×
  Lloyd Duest was convicted of first-degree murder and sentenced to death. The Florida Supreme Court reviewed his petition for habeas corpus and appeal from denial of postconviction relief, rejecting his claims that undisclosed evidence, a vacated prior conviction, and ineffective
• United States v. Dardi
  330 F.2d 316· 2d Cir.· 1964-03-17 ·cited 170×
  The court held that the evidence was sufficient to support the jury's verdict of guilt for conspiracy and substantive counts related to the sale of unregistered securities and market manipulation.
• 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
• United States v. Dansker
  537 F.2d 40· 3d Cir.· 1976-06-02 ·cited 163×
  The court held that the evidence was insufficient to prove that Serota accepted a bribe under New Jersey law, as it did not demonstrate an intent to corrupt a public office or action. Consequently, the convictions for bribing Serota and the conspiracy to bribe Serota were reverse
• State OF W. Va. v. Chas. Pfizer & Co., Inc.
  440 F.2d 1079· 2d Cir.· 1971-03-29 ·cited 155×
  The court held that the district court did not abuse its discretion in approving the settlement, particularly regarding the use of the 'passing-on' doctrine for damage distribution and the maintenance of a class action for consumer claims.
• United States v. Elvin Lee Bynum
  485 F.2d 490· 2d Cir.· 1973-09-24 ·cited 142×
  The court affirmed convictions, holding that the evidence supported a single conspiracy and that wiretap evidence was legally obtained and properly admitted.
• Potashnick v. Port City Constr. Co. & United States Fid. & Guar. Co.
  609 F.2d 1101· 5th Cir.· 1980-01-15 ·cited 140×
  The court held that a judge's prior business dealings and legal representation by an attorney in a case require disqualification under 28 U.S.C. § 455(a) due to the appearance of impropriety. Additionally, a judge's rule prohibiting communication between a testifying party-witnes
• United States v. Johnson
  575 F.2d 1347· 5th Cir.· 1978-07-05 ·cited 139×
  The court held that there was no prejudicial variance between the indictment and the proof at trial, nor between the bill of particulars and the proof, and that the trial court did not err in refusing to define statutory terms like 'organizer' or 'substantial income'.
• Landy v. Fed. Deposit Ins. Corp.
  486 F.2d 139· 3d Cir.· 1973-07-30 ·cited 138×
  An appellate court's review is limited to the record that existed when the district court entered its order, and subsequent events cannot be considered to determine if the district court erred.
• United States v. DeSIMONE
  660 F.2d 532· 5th Cir.· 1981-11-02 ·cited 133×
  The court held that the evidence was insufficient to support DeSimone's conviction for conspiracy and importation, requiring reversal. However, the evidence was sufficient to support Waldon's conviction for conspiracy and importation.
• Piambino v. Bailey
  757 F.2d 1112· 11th Cir.· 1985-03-18 ·cited 132×
  The appellate court held that the district court erred in denying Sylva intervention and in severing the Minority Group, and that the district court must order the return of settlement proceeds. Lead counsel are disqualified due to a conflict of interest.
• Panduit Corp. v. ALL States Plastic Mfg. Co., Inc.
  744 F.2d 1564· Fed. Cir.· 1984-09-25 ·cited 132×
  The court held that the disqualification order is appealable and that the Federal Circuit should apply the law of the regional circuit for procedural matters. The court reversed the disqualification, finding the district court erred in its application of the presumption of knowle
• Baty v. Balkcom
  661 F.2d 391· 5th Cir.· 1981-11-16 ·cited 131×
• Lightbourne v. Dugger
  829 F.2d 1012· 11th Cir.· 1987-09-18 ·cited 128×
  The court held that the informant's actions were attributable to the state and that the informant deliberately elicited incriminating statements, violating the defendant's Sixth Amendment right to counsel.
• Ivon Ray Stanley v. Zant
  697 F.2d 955· 11th Cir.· 1983-02-10 ·cited 128×
• In & for New Castle Cnty.
  1997 WL 27094· Del. Super. Ct.· 2014-04-30 ·cited 125×
  The court denied the defendant's motion for postconviction relief, finding that most of his claims were procedurally barred under Superior Court Criminal Rule 61. The court applied the Strickland v. Washington standard to the defendant's ineffective assistance of counsel claims,
• State Farm Mut. Auto. Ins. Co. v. K.A.W.
  575 So. 2d 630· Fla.· 1991-01-18 ·cited 124×
  The Florida Supreme Court held that insurance companies have standing to seek disqualification of opposing counsel based on conflicts of interest, even when the insured consents to the representation. The Court adopted an irrefutable presumption standard requiring disqualificatio
• United States v. Mers
  701 F.2d 1321· 11th Cir.· 1983-03-21 ·cited 123×·via Actual Conflict Of Interest
  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. Bohonus
  628 F.2d 1167· 9th Cir.· 1980-03-27 ·cited 122×
  The court held that the mail fraud statute, 18 U.S.C. § 1341, can be applied to schemes involving employee disloyalty and the deprivation of intangible rights, and that the indictment provided sufficient notice to the defendant.
• Panter v. Marshall Field & Co.
  646 F.2d 271· 7th Cir.· 1981-04-02 ·cited 121×
  The court held that the business judgment rule should not shield directors from liability when there is evidence of self-interest in resisting a hostile tender offer, and that a jury should have been allowed to consider claims of breach of fiduciary duty.
• Bent E. Mortensen and Lise Lotte Mortensen v. First Fed. Sav. & Loan Ass'n
  549 F.2d 884· 3d Cir.· 1977-01-20 ·cited 121×
  The court held that the trial court erred in prematurely dismissing the Sherman Act claim for lack of subject matter jurisdiction, as the allegations of interstate commerce impact were sufficient to withstand a pretrial motion to dismiss.
• Mercer v. State
  40 Fla. 216· Fla.· 1898-01-01 ·cited 121×
  Sam C. Mercer, Dock Mercer, and Claude Wadsworth were convicted of willfully driving an ox upon a railroad track and sentenced to ten years in prison. The Florida Supreme Court reversed and remanded for a new trial, finding reversible error in the trial court's admission of evide
• Brown v. Blue Cross & Blue Shield OF Ala., Inc.
  898 F.2d 1556· 11th Cir.· 1990-04-25 ·cited 120×
  When an insurance company fiduciary administering its own policy denies benefits, the arbitrary and capricious standard of review applies, but the fiduciary bears the burden of proving its interpretation was not tainted by self-interest.
• Wright v. State
  857 So. 2d 861· Fla.· 2003-07-03 ·cited 119×
  Joel Dale Wright appeals the denial of his second motion for postconviction relief and petitions for a writ of habeas corpus in a capital murder case. The Florida Supreme Court affirms the trial court's denial of relief and rejects Wright's habeas claims, finding procedural bars,
• Emle Indus., Inc. v. Patentex, Inc.
  478 F.2d 562· 2d Cir.· 1973-05-09 ·cited 119×
  An attorney who previously represented a company in litigation where the company's control over another entity was a central issue is disqualified from representing plaintiffs in subsequent litigation against that company and the other entity, where the company's control is again
• Scull v. State
  533 So. 2d 1137· Fla.· 1988-09-08 ·cited 113×
  Jesus Scull was convicted of two counts of first-degree murder and sentenced to death for the 1983 murders of Miriam Mejides and Lourdes Villegas. The Florida Supreme Court affirmed the murder convictions but vacated the death sentence due to multiple errors in the sentencing pha
• United States v. George
  477 F.2d 508· 7th Cir.· 1973-04-12 ·cited 110×
  The court held that the evidence was sufficient to convict the defendants of mail fraud, as the scheme to defraud Zenith of its employee's honest services was proven, and the mailings were in furtherance of that scheme.
• Raleigh Porter v. Louie L. Wainwright
  805 F.2d 930· 11th Cir.· 1986-11-17 ·cited 109×
  The court held that the petitioner failed to allege sufficient facts to warrant an evidentiary hearing on claims of ineffective assistance of counsel due to tactical decisions and potential conflict of interest.
• United States v. Bernstein
  533 F.2d 775· 2d Cir.· 1976-03-04 ·cited 109×·via Actual Conflict Of Interest
  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'.
• United States v. Halbert
  640 F.2d 1000· 9th Cir.· 1981-03-06 ·cited 105×
  The court held that while evidence of codefendants' guilty pleas may be admissible to assess witness credibility, the trial court's failure to provide a sufficiently clear limiting instruction to the jury constituted reversible error.
• Guzman v. State
  721 So. 2d 1155· Fla.· 1998-10-01 ·cited 104×
  James Guzman was convicted of first-degree murder and armed robbery in the death of David Colvin and sentenced to death. This was Guzman's second trial after his initial convictions were reversed due to a conflict of interest with his public defender. The Florida Supreme Court af
• Hayes v. Guardianship OF Mae E. Thompson
  952 So. 2d 498· Fla.· 2006-11-09 ·cited 102×
  The Florida Supreme Court resolved a conflict between district courts regarding standing to participate in guardianship proceedings, holding that persons entitled to notice or authorized to file objections under the Florida Guardianship Law or Florida Probate Rules have standing.