Conflict Of Interest (Attorney)

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

• United States v. Lesley Claywood Berry
  876 F.2d 55· 8th Cir.· 1989-05-26 ·cited 6×
  The court affirmed the district court's denial of the defendant's motions for sentence reduction, finding no merit in his various claims.
• Khoury v. Est. OF Rose K. Kashey
  533 So. 2d 908· Fla. 3d DCA· 1988-11-15 ·cited 6×
  In a will contest, the trial court granted an involuntary dismissal when the will contestants presented no evidence of undue influence or lack of testamentary capacity, and then awarded costs and attorney's fees to the prevailing estate under Florida Statute 57.105. The appellate
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• Info. Sys. Assocs., Inc. v. Phuture World, Inc.
  106 So. 3d 982· Fla. 4th DCA· 2013-02-13 ·cited 4×
  A Florida appellate court granted a petition for writ of certiorari challenging the revocation of an out-of-state attorney's pro hac vice admission. The court held that a conflict of interest alleged by a non-party cannot support revocation, that the attorney's limited representa
• Brown v. State
  66 So. 3d 1046· Fla. 4th DCA· 2011-08-03 ·cited 4×
  Randy Lee Brown appeals his conviction for cocaine sales and possession near a school, arguing the trial court erred in denying his motion for continuance filed on the morning of trial when he expressed concerns about his retained counsel's legal problems and lack of preparation.
• United States v. Kladouris
  964 F.2d 658· 7th Cir.· 1992-05-20 ·cited 4×
  The court held that the admission of a deceased witness's grand jury testimony was proper under Rule 804(b)(5) and did not violate the Confrontation Clause, and that the defendant knowingly waived any conflict of interest with her counsel.
• United States v. Garcia
  924 F.2d 925· 9th Cir.· 1991-01-30 ·cited 4×
  The court held that the district court did not abuse its discretion in denying the motion to substitute counsel and that the judge's conduct did not deprive the defendant of a fair trial.
• United States v. Knight
  680 F.2d 470· 6th Cir.· 1982-06-22 ·cited 4×
  The court held that a defendant must establish an actual conflict of interest that adversely affected their lawyer's performance to prove a Sixth Amendment violation.
• THE Florida BAR v. Madsen
  400 So. 2d 947· Fla.· 1981-06-18 ·cited 4×
  This case involves a disciplinary proceeding against attorney E. Coleman Madsen for representing conflicting interests. The Florida Supreme Court reviewed the referee's report and found Madsen guilty of conduct prejudicial to the administration of justice and failing to decline e
• Preben Olesen v. Gen. Elec. Cap. Corp.
  135 So. 3d 389· Fla. 5th DCA· 2014-02-07 ·cited 3×
  Preben Olesen appeals the dismissal of his fraud and civil conspiracy claims against General Electric Capital Corporation (GECC), arising from allegations that GECC and his former attorneys conspired to prevent him from presenting a viable defense in an underlying guaranty lawsui
• Brower v. State
  267 So. 3d 524· Fla. 5th DCA· 2019-03-25 ·cited 2×
  The appellate court granted a writ of certiorari, quashing the trial court's order that denied a public defender's motion to withdraw due to a conflict of interest. The court found that the trial court improperly inquired into privileged matters and should have appointed conflict
• Jackson v. State
  998 So. 2d 1175· Fla. 5th DCA· 2008-12-24 ·cited 2×
  James Jackson was convicted of firearm offenses and sentenced to four years imprisonment. The Fifth District Court of Appeal reversed his convictions, holding that the trial court abused its discretion by denying his motion for continuance when his newly appointed counsel lacked
• Montgomery v. State
  811 So. 2d 726· Fla. 3d DCA· 2002-02-20 ·cited 2×
  The court held that a trial court is not obligated to conduct a Nelson inquiry when a defendant expresses frustration over a plea bargain recommendation and does not allege counsel incompetence.
• Thompkins v. Cohen
  965 F.2d 330· 7th Cir.· 1992-06-03 ·cited 2×
  The court held that the defendant failed to prove his trial judge knew of his lawyer's conflict of interest and that the prosecutor's improper conduct likely caused a miscarriage of justice.
• United States v. Daniel
  962 F.2d 100· 1st Cir.· 1992-04-03 ·cited 2×
  The court held that the defendant was not forced to proceed pro se and that the denial of a minor participant reduction was not plain error.
• Carter v. Armontrout
  929 F.2d 1294· 8th Cir.· 1991-04-09 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus, affirming the denial of relief on all claims.
• THE Florida BAR v. Clark
  513 So. 2d 1052· Fla.· 1987-10-15 ·cited 2×
  The Florida Supreme Court disbarred attorney Frank Clark, III for professional misconduct arising from his representation of conflicting interests in a real estate transaction. Clark failed to disclose his dual representation and allowed his client to assume mortgages without obt
• Ulvano v. State
  479 So. 2d 809· Fla. 3d DCA· 1985-12-10 ·cited 2×
  The court held that the trial court erred in conducting an evidentiary hearing on a post-conviction motion without the defendant or his counsel present.
• Zamora v. Wainwright
  610 F. Supp. 159· S.D. Fla.· 1985-05-30 ·cited 2×
  The court held that claims are exhausted for federal habeas relief if pursuing them in state court would be futile, even if not explicitly ruled upon by state courts.
• Kagel v. First Commonwealth Co., Inc.
  534 F.2d 194· 9th Cir.· 1976-04-05 ·cited 2×
  The court held that appellants were not automatically entitled to assert a counterclaim under § 68 of the Bankruptcy Act in a Chapter X proceeding, and that the district court did not err in implicitly resolving an attorney conflict of interest issue.
• United States v. Boyd
  467 F.2d 1370· 9th Cir.· 1972-09-22 ·cited 2×
• Gauthier v. Burke
  402 F.2d 459· 7th Cir.· 1968-10-08 ·cited 2×
  The court held that the district court did not err in denying the petition for a writ of habeas corpus without an evidentiary hearing.
• James v. State
  773 So. 2d 659· Fla. 1st DCA· 2000-12-22 ·cited 1×
• 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.
• Abdul v. Conner
  S.D. Fla.· 2024-06-13
  Jabbaar Mujaahid Abdul challenged his Florida conviction and sentence through federal habeas corpus, raising four grounds including claims of prosecutorial Brady violations, ineffective assistance of counsel, structural defects, and an alleged conflict of interest with his public
• Pitt v. Darrell
  M.D. Fla.· 2024-04-15
  The court held that the rent portion of the debt is nondischargeable as a domestic support obligation, and the bankruptcy court must reconsider whether the loan and wedding cost portions are nondischargeable under § 523(a)(15).
• 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
• Queen v. Sec'y, Fla. Dep't of Corr. (Columbia County)
  M.D. Fla.· 2023-01-12
  In Queen v. Secretary, Florida Department of Corrections, a federal district court denied a state prisoner's habeas corpus petition challenging his drug trafficking conviction on grounds of ineffective assistance of trial counsel. The court found that the petitioner failed to mee
• Calderon-Fuentes v. United States
  M.D. Fla.· 2022-12-02
  Calderon-Fuentes was convicted of theft of government property for fraudulently obtaining increased Veterans Affairs disability benefits by falsely claiming severe vision impairment while regularly driving, obtaining driver's licenses, and performing physical tasks inconsistent w
• Ivey v. State
  Fla. 1st DCA· 2021-07-06
  The appellate court affirmed the appellant's convictions and sentences, finding that his claims of ineffective assistance of counsel and a scoresheet error did not warrant relief on direct appeal. The court noted that ineffective assistance claims, unless apparent from the record
• 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.
• Leake v. State
  207 So. 3d 343· Fla. 2d DCA· 2016-11-30
  The trial court departed from the essential requirements of law by applying an inapplicable standard for judicial recusal to a motion to withdraw based on an attorney conflict of interest.
• Dell Liebreich v. Trial Strategies, Inc.
  40 So. 3d 1· Fla. 2d DCA· 2010-05-14
  The Estate of Lisa McPherson appeals a judgment requiring it to pay Trial Strategies, Inc. $72,926.06 for unpaid trial consulting services rendered during a wrongful death lawsuit against the Church of Scientology. The court affirmed the judgment but noted the Estate may pursue r
• DeMARCO v. State
  990 So. 2d 706· Fla. 4th DCA· 2008-09-24
  Louis DeMArco appealed the summary denial of his Rule 3.850 motion for postconviction relief challenging his conviction. The Florida Fourth District Court of Appeal reversed in part, finding that certain claims of ineffective assistance of counsel required either amendment to sta
• Berg v. Capo
  994 So. 2d 322· Fla. 3d DCA· 2007-11-14
  A stock purchase agreement containing an integration clause and a broad mutual release clause bars claims arising out of the transaction, even where the buyer later alleges undisclosed conflicts of interest by his attorney, because such conflicts and conspiracy theories were not
• Powell v. State
  752 So. 2d 662· Fla. 2d DCA· 2000-01-21
  James Powell appeals his grand theft conviction, arguing the trial court erred by denying his public defender's motion to withdraw based on an alleged conflict of interest. The appellate court found merit in Powell's argument and reversed the conviction, holding that once a publi
• Henry v. Ent. Design, Inc.
  711 So. 2d 179· Fla. 4th DCA· 1998-05-13
  A final judgment will not be reversed based on an attorney's conflict of interest if the conflict was not discovered until after the verdict and the moving party cannot demonstrate actual prejudice.
• Freund v. State
  571 So. 2d 116· Fla. 4th DCA· 1990-12-19
• Emergency Prof'l Grp., Inc. v. Commissioner OF Internal Revenue
  732 F.2d 74· 6th Cir.· 1984-04-25
  The court held that the Tax Court properly placed the burden of proof on the petitioner to establish the qualification of its pension trust, and the petitioner failed to meet this burden.
• Kniebes v. State
  391 So. 2d 743· Fla. 4th DCA· 1980-12-24
  The court held that the trial court should reconsider the issue of ineffective assistance of counsel in light of a Supreme Court precedent and sentence the appellant as a youthful offender if applicable.