Conflict Of Interest (Attorney)

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

• 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
• 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
• United States v. McLAIN
  823 F.2d 1457· 11th Cir.· 1987-08-07 ·cited 86×
  The court held that the cumulative effect of judicial errors and prosecutorial misconduct, along with a conflict of interest affecting one defendant's counsel, deprived the appellants of a fair trial.
• Padgett v. State
  743 So. 2d 70· Fla. 4th DCA· 1999-08-25 ·cited 85×
  This case addresses whether an indigent criminal defendant has a constitutional right to court-appointed counsel when filing a motion to withdraw a guilty plea after sentencing under Florida Rule of Criminal Procedure 3.170(l). The court held that such motions constitute a critic
• Owen v. Crosby
  854 So. 2d 182· Fla.· 2003-07-11 ·cited 81×
  Duane Eugene Owen, a death row inmate, challenged his conviction and sentence for first-degree murder, sexual battery, and burglary through a successive motion for postconviction relief under Florida Rule 3.850 and a habeas corpus petition. The Florida Supreme Court affirmed the
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• Thomas v. Louie L. Wainwright
  767 F.2d 738· 11th Cir.· 1985-07-17 ·cited 60×
  The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
• United States v. Agosto
  675 F.2d 965· 8th Cir.· 1982-04-09 ·cited 59×
  The court held that a district court's disqualification of defense counsel must be based on a clear showing of likely conflict, and that potential conflicts can sometimes be resolved by less burdensome means than disqualification, such as client consent or the use of backup couns
• In re Yarn Processing Patent Validity Litig. Celanese Corp. & Fiber Indus., Inc. v. Leesona Corp.
  530 F.2d 83· 5th Cir.· 1976-04-19 ·cited 59×
  A party generally lacks standing to seek disqualification of an attorney based on a conflict with a former client, unless that former client moves for disqualification or the conflict is manifest and glaring.
• Walberg v. Israel
  766 F.2d 1071· 7th Cir.· 1985-07-01 ·cited 56×
  The dissenting judge believes the petitioner failed to prove denial of effective assistance of counsel, and that state court findings of fact should be presumed correct.
• United States v. Cancilla
  725 F.2d 867· 2d Cir.· 1984-01-13 ·cited 50×
  A defendant's Sixth Amendment right to counsel is violated per se if their trial counsel is personally involved in criminal activity similar to the defendant's charges, and the defendant is unaware of this involvement.
• United States v. Fahey
  769 F.2d 829· 1st Cir.· 1985-07-30 ·cited 46×
  The court held that a defendant's waiver of a potential conflict of interest with his counsel was knowing and intelligent, and that the search of an unpatented mining claim and seizure of soil samples did not violate the Fourth Amendment. The court also found that a coconspirator
• Lambert Keith Gavins v. State
  587 So. 2d 487· Fla. 1st DCA· 1991-09-04 ·cited 45×
  Lambert Gavins appeals convictions for burglary, grand theft auto, and driving without a license in case 89-1793, along with probation/community control violation sentences in related cases. The appellate court reversed the convictions and remanded for a new trial, finding prosec
• LEE v. United States
  235 F.2d 219· D.C. Cir.· 1956-06-14 ·cited 45×
  The court held that compelling an attorney whom the defendant had just discharged to represent him, rather than granting a continuance to allow the defendant to select new counsel, was an abuse of discretion and a denial of the right to counsel.
• Deaton v. Dugger
  635 So. 2d 4· Fla.· 1993-10-07 ·cited 44×
  Jason Deaton appealed the denial of his postconviction relief motion challenging his first-degree murder conviction and death sentence. The Florida Supreme Court affirmed the denial of relief as to the conviction but affirmed the trial court's grant of relief as to the sentence,
• United States v. Ellison
  835 F.2d 687· 7th Cir.· 1987-12-08 ·cited 42×
  A defendant's sworn statements during a Rule 11 colloquy, establishing a knowing and voluntary guilty plea, are binding and control their fate, even if they later claim subjective intent to withdraw.
• Cooper v. State
  856 So. 2d 969· Fla.· 2003-06-26 ·cited 41×
  Richard M. Cooper, sentenced to death for three murders in 1982, appealed the denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus relief. The Florida Supreme Court affirmed the trial court's denial, finding a
• Chugach Elec. Ass'n v. United States Dist. Court FOR the Dist. OF Alaska AT Anchorage & the Honorable Raymond E. Plummer
  370 F.2d 441· 9th Cir.· 1966-12-22 ·cited 34×
  An attorney must be disqualified if there is a likelihood that their knowledge of private matters gained in confidence would provide insight into subsequent events relevant to an antitrust case, even if actual conflict is not clearly established.
• Birchfield v. United States
  296 F.2d 120· 5th Cir.· 1961-11-17 ·cited 34×
  The court held that habeas corpus was not the proper remedy for the petitioner's claims regarding counsel's alleged conflict of interest, as a motion under 28 U.S.C.A. § 2255 was available and adequate.
• United States v. Grover Cleveland Barnes
  909 F.2d 1059· 7th Cir.· 1990-08-09 ·cited 30×
  The court affirmed the conviction, holding that the Speedy Trial Act was not violated, the defendant was not deprived of effective assistance of counsel, the seized revolver was admissible, the search warrant was supported by probable cause, and the notebook was properly admitted
• Gaton v. Health Coal., Inc.
  745 So. 2d 510· Fla. 3d DCA· 1999-11-24 ·cited 28×
  Petitioners Gaton and Stiefel sought to disqualify opposing counsel's law firm (Greenberg, Traurig) because one of its newly-associated attorneys (Lipton) had previously served as their co-counsel and acquired confidential information about their case strategy. The court granted
• United States v. Shilling
  826 F.2d 1365· 4th Cir.· 1987-08-26 ·cited 28×
  The court held that the government need not prove a defendant's specific knowledge of a weapon's automatic firing capability for a Firearms Act violation, and that the seizure of documents, even if overbroad, does not require suppression if the relevant documents were lawfully se
• Forrest Silva Tucker v. United States
  235 F.2d 238· 9th Cir.· 1956-06-26 ·cited 28×
  The court held that the district court erred in denying the motion for a writ of error coram nobis without a hearing, as the allegations of ineffective assistance of counsel and prosecutorial misconduct warranted further inquiry.
• United States v. Defazio
  899 F.2d 626· 7th Cir.· 1990-04-09 ·cited 26×
  The court held that the district court did not abuse its discretion in disqualifying defense counsel, nor in excluding evidence regarding the defendant's state of mind or hypothetical tax returns, and that admitting attorney testimony was not reversible error.
• Littleton v. Kincaid
  179 F.2d 848· 4th Cir.· 1950-01-12 ·cited 24×
  The court should allow compensation to the conciliation commissioner beyond nominal statutory fees when the estate is solvent and has a surplus.
• United States v. Cortellesso
  663 F.2d 361· 1st Cir.· 1981-11-09 ·cited 22×
  The court held that the removal of defense counsel due to a conflict of interest did not violate the defendant's Sixth Amendment right to counsel of choice, and that tape recordings were properly admitted into evidence.
• United States v. Ervin Kindle
  925 F.2d 272· 8th Cir.· 1991-02-15 ·cited 21×
  The court affirmed the convictions, holding that the trial court did not err by failing to inquire into a potential conflict of interest, that contact with sequestered witnesses was not prejudicial, and that other claims regarding confrontation clause rights, severance, evidence
• United States v. Cook
  461 F.2d 906· 5th Cir.· 1972-06-01 ·cited 20×
  The court held that the defendant was not prejudiced by the trial court's rulings regarding alleged conspiracy variances, co-conspirator testimony, and a violated stipulation, and that the trial judge's conduct was not prejudicial.
• 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.
• Gray v. Estelle
  574 F.2d 209· 5th Cir.· 1978-05-30 ·cited 16×
  The court held that the district court abused its discretion in denying the respondent's motion for relief from judgment under Rule 60(b)(6) and remanded for a full evidentiary hearing on the conflict of interest and waiver issues.
• RAY v. Rose
  535 F.2d 966· 6th Cir.· 1976-05-10 ·cited 16×
  The court held that James Earl Ray's guilty plea was entered voluntarily and knowingly, and he was not denied effective assistance of counsel despite potential conflicts of interest and alleged procedural improprieties.
• Kimberly Corp. v. Hartley PEN Co.
  237 F.2d 294· 9th Cir.· 1956-09-10 ·cited 16×
  The court held that Kimberly Corporation's claim to equitable ownership of the patent was barred by laches due to its unreasonable delay in asserting the claim after having actual and constructive notice of facts that should have prompted action.
• 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
• Saber v. Financeamerica Credit Corp.
  843 F.2d 697· 3d Cir.· 1988-03-31 ·cited 14×
  The court held that it lacked appellate jurisdiction to hear the appeal because the district court's order enforcing a settlement agreement was not a final decision, nor was it an appealable interlocutory order or collateral order.
• Levis Leon Aldridge v. State
  425 So. 2d 1132· Fla.· 1982-12-22 ·cited 14×
  Levis Aldridge appealed the denial of his Rule 3.850 motion challenging his death sentence on grounds of ineffective assistance of counsel. The Florida Supreme Court affirmed the trial court's finding that Aldridge received reasonably effective assistance of counsel, rejecting hi
• Goitia v. United States
  409 F.2d 524· 1st Cir.· 1969-04-15 ·cited 14×
  The court held that the district court did not abuse its discretion in continuing the trial in absentia, nor was there ineffective assistance of counsel or reversible error in the presentation of the government's case.
• Carmona v. State
  873 So. 2d 348· Fla. 5th DCA· 2004-03-05 ·cited 12×
  Appellant challenged a trial court's denial of his motion to withdraw guilty pleas to three counts, arguing the court erred by failing to appoint conflict-free counsel. The Florida Fifth District Court of Appeal affirmed, holding that no patent conflict of interest existed betwee
• RAY v. Rose
  491 F.2d 285· 6th Cir.· 1974-01-29 ·cited 12×
  The court held that the record did not support vacating a guilty plea based on alleged coercion, as the defendant explicitly affirmed its voluntariness under oath.
• Zoltan Takacs v. Engle
  768 F.2d 122· 6th Cir.· 1985-07-23 ·cited 11×
  The Sixth Circuit held that the denial of counsel at a preliminary hearing is subject to harmless error analysis, and that a conviction based solely on uncorroborated accomplice testimony does not violate due process.
• United States v. Straughter
  950 F.2d 1223· 6th Cir.· 1991-11-14 ·cited 9×
  The court affirmed all convictions and sentences, holding that while the warrantless entry into the Karenway apartment violated the Fourth Amendment, the subsequent search warrant was based on independent information, rendering the evidence admissible. Other challenges regarding
• 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
• Yohey v. Collins
  985 F.2d 222· 5th Cir.· 1993-03-08 ·cited 8×
  The court held that claims raised for the first time on appeal or in a reply brief are not considered, and that state law claims do not provide a basis for federal habeas relief unless they rise to constitutional dimension.
• United States v. (Under Seal)
  774 F.2d 624· 4th Cir.· 1985-10-08 ·cited 8×
  Enforcing a grand jury subpoena for attorney fee records does not violate the Sixth Amendment right to counsel, the attorney-client privilege, or the Fifth Amendment privilege against self-incrimination.
• United States v. Young
  644 F.2d 1008· 4th Cir.· 1981-03-27 ·cited 8×
  The court held that the district court erred in denying a motion for an evidentiary hearing on a claim of attorney conflict of interest without sufficient exploration.
• United States v. Marcano-Garcia
  622 F.2d 12· 1st Cir.· 1980-05-29 ·cited 8×
  The court held that the Honorary Consul was a protected person under the relevant statutes and that the statutes were not unconstitutionally vague or overbroad. It also found that the appellants received effective assistance of counsel and that pretrial publicity did not prevent
• Wilson v. Lash
  457 F.2d 106· 7th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove constitutional violations regarding prejudicial publicity or his attorney's conflict of interest.
• State v. Dougan
  202 So. 3d 363· Fla.· 2016-10-20 ·cited 7×
  The Florida Supreme Court affirmed a postconviction court's grant of a new trial for Jacob John Dougan, Jr., who was convicted of a racially motivated 1974 murder and sentenced to death. The court found that the conviction was tainted by a Giglio violation involving false testimo
• 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.
• United States v. Contractor
  926 F.2d 128· 2d Cir.· 1991-02-11 ·cited 6×
  The court held that while the defendant had adequate notice of the grounds for an upward sentencing departure, the departure was procedurally flawed because it was based on a transaction for which the defendant bore no responsibility. The court also rejected the defendant's claim