Conflict Of Interest In Legal Representation

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

• Rock v. State
  622 So. 2d 487· Fla. 1st DCA· 1993-07-07 ·cited 20×
  Terry Rock appealed his conviction, challenging the trial court's decision to conduct simultaneous jury selection for three unrelated cases with different defendants in the same courtroom. The First District Court of Appeal affirmed, holding that simultaneous jury selection does
• Gov't of the Virgin Islands v. Reinhold John
  447 F.2d 69· 3d Cir.· 1971-07-20 ·cited 20×
  The court held that the trial judge's failure to provide cautionary instructions regarding impeachment evidence and the inadequate instruction on the relevance of the complainant's reputation for chastity constituted reversible error. Additionally, joint representation of co-defe
• United States v. Mims
  928 F.2d 310· 9th Cir.· 1991-03-14 ·cited 18×
  The court held that the defendant's prior Florida conviction was valid for career offender sentencing because the plea was voluntary and counsel was not ineffective.
• In re Century Brass Prods., Inc. v. Int'l Union
  795 F.2d 265· 2d Cir.· 1986-06-30 ·cited 18×
  Vested retiree insurance benefits are a proper subject of bargaining under § 1113, but a conflict of interest prevents the union from representing both active employees and retirees, necessitating a remand to appoint a representative for the retirees.
• United States v. Marrera
  768 F.2d 201· 7th Cir.· 1985-07-25 ·cited 18×
  The court affirmed the conviction, finding that even if a conflict of interest existed, the outcome would have been the same.
• In re Investigation Before the February v. Barker
  563 F.2d 652· 4th Cir.· 1977-10-06 ·cited 18×
  The court held that a district court has discretion to disqualify attorneys in a grand jury investigation when an actual conflict of interest may impede the grand jury's function and deprive the public of testimony, even if it deprives a witness of a particular lawyer.
• United States v. Badalamente
  507 F.2d 12· 2d Cir.· 1974-11-21 ·cited 18×
  The court held that the non-disclosure of letters from a key government witness to the trial judge and other officials constituted a violation of the Jencks Act and Brady v. Maryland, requiring a new trial for Yagid. Badalamente's conviction was affirmed.
• Neiman v. Galloway
  704 So. 2d 1131· Fla. 4th DCA· 1998-01-21 ·cited 17×
  The court held that unconscionability must be pleaded as an affirmative defense and that the contract was not against public policy based on the record.
• United States v. Fiore John Luciano and William Dunn
  343 F.2d 172· 4th Cir.· 1965-03-03 ·cited 17×
  The court held that the evidence was sufficient to support the conviction of both defendants for transporting a stolen vehicle interstate, and that their joint representation by counsel did not constitute a constitutional abridgment.
• Wagner, Vaughan, McLAUGHLIN & Brennan, P.A. v. Kennedy LAW Grp.
  64 So. 3d 1187· Fla.· 2011-04-07 ·cited 16×
  The Florida Supreme Court resolved a conflict between district courts regarding the applicability of the wrongful death attorney fees statute (§ 768.26) to pre-suit settlements and determined how to allocate fees when survivors are represented by separate counsel. The Court held
• United States v. Casiano
  929 F.2d 1046· 5th Cir.· 1991-04-26 ·cited 16×
  A defendant can waive their Sixth Amendment right to conflict-free counsel, provided the waiver is voluntary, knowing, and intelligent, and the trial court actively participates in ensuring the defendant understands the potential conflicts and consequences.
• Roach v. Warden Joseph Martin
  757 F.2d 1463· 4th Cir.· 1985-03-20 ·cited 16×
  The court affirmed the denial of the habeas corpus petition, finding that the petitioner's claims were without merit and that the state court's factfinding procedures were adequate.
• United States Fid. & Guar. Co. v. Louis A. Roser Co., Inc.
  585 F.2d 932· 8th Cir.· 1978-11-01 ·cited 16×
  An insurer must reimburse its insured for the costs of independent counsel when a conflict of interest arises during defense, even if the ultimate judgment falls outside policy coverage, and the insured does not waive this right by proceeding with consolidated trials or seeking i
• 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.
• Handwerger v. Ginsberg
  519 F.2d 1339· 2d Cir.· 1975-07-16 ·cited 16×
  The court held that it lacked jurisdiction to hear the appeal from the district court's order permitting the suit to proceed as a class action because the order was interlocutory and did not meet the criteria for an exceptional circumstances appeal.
• United States v. James
  505 F.2d 898· 5th Cir.· 1975-01-02 ·cited 16×
  The court held that the appellant's claims of ineffective assistance of counsel due to a conflict of interest, prosecutorial misconduct, and insufficient evidence were without merit.
• In re TMT Trailer Ferry, Inc. v. Thomas Kirkland for TMT Trailer Ferry, Inc.
  577 F.2d 1296· 5th Cir.· 1978-08-10 ·cited 15×
  The court held that the district court's fee awards for trustee's counsel were excessive and for Protective Committee counsel were inadequate, adjusting them accordingly, while affirming the trustee's fee.
• Johnson v. State
  600 So. 2d 32· Fla. 3d DCA· 1992-06-09 ·cited 14×
  The court held that the trial court erred in overruling defense counsel's objection to representing multiple clients during consolidated jury selection, and that the state's peremptory challenge of a juror was based on insufficient, pretextual reasons.
• United States v. Garvin Dale White
  706 F.2d 506· 5th Cir.· 1983-05-19 ·cited 14×
  The court held that the defendant's waiver of his right to conflict-free counsel was invalid because the trial court failed to adequately inform him of the specific dangers and potential prejudice arising from his attorneys' conflict of interest.
• In re the Arb. between Grahams Serv. Inc. v. Teamsters Local 975 (Richard D. Larson)
  700 F.2d 420· 8th Cir.· 1982-11-08 ·cited 14×
• United States v. Tisdale
  647 F.2d 91· 10th Cir.· 1981-03-24 ·cited 14×
  The dissenting judge would hold that the admission of evidence concerning marijuana transactions was prejudicial error under Federal Rules of Evidence 404(b) and 403, requiring a new trial.
• Barrus Constr. Co. v. Nat'l Labor Relations Bd.
  483 F.2d 191· 4th Cir.· 1973-07-18 ·cited 14×
  The court held that the same attorney representing the government in both a representation case and an unfair labor practice case, where the facts are closely related, creates a conflict of interest that prejudices the company's right to a fair hearing.
• Rogers v. State
  212 So. 2d 367· Fla. 1st DCA· 1968-07-09 ·cited 14×
  The court held that joint representation is permissible absent objection or showing of conflict and prejudice.
• Reardon v. State
  715 So. 2d 348· Fla. 4th DCA· 1998-08-12 ·cited 12×
  A trial court must grant a public defender's motion to withdraw when the public defender certifies a conflict of interest due to representing multiple clients with adverse interests, as per section 27.53(3), Florida Statutes.
• United States v. Beniach
  825 F.2d 1207· 7th Cir.· 1987-08-06 ·cited 12×
  The court held that a criminal defendant can knowingly and intelligently waive their right to conflict-free counsel, and that the trial court's warnings were sufficient to establish such a waiver. The court also held that the evidence was sufficient to support the conspiracy conv
• Bellows v. State
  508 So. 2d 1330· Fla. 2d DCA· 1987-06-24 ·cited 12×
  The court held that the trial court erred in denying the public defender's motion to withdraw due to a conflict of interest, which deprived the defendant of effective assistance of counsel.
• Dade Cnty. v. The Honorable H. Paul Baker
  362 So. 2d 151· Fla. 3d DCA· 1978-09-12 ·cited 12×
  Dade County petitioned for certiorari review of a circuit court order granting the Public Defender's motion to withdraw from appellate representation of an indigent defendant and appointing a special assistant public defender due to excessive caseloads. The court held that caselo
• United States v. Vargas-Martinez
  569 F.2d 1102· 9th Cir.· 1978-02-21 ·cited 12×
  The court held that the trial court did not err in substituting counsel due to a conflict of interest, nor in denying a continuance, nor in refusing a jury instruction, and that no prosecutorial misconduct occurred.
• Alvarez v. Louie L. Wainwright
  522 F.2d 100· 5th Cir.· 1975-10-29 ·cited 12×
  The court held that the defendant was denied effective assistance of counsel due to a conflict of interest, where the attorney prioritized protecting a co-defendant over his client's interests, and the state was aware of this conflict.
• United States v. MacKin
  502 F.2d 429· D.C. Cir.· 1974-07-18 ·cited 12×
  The court held that the evidence was sufficient to support the convictions and that the trial court did not err in its rulings regarding probable cause for arrest, mistrial, identification procedures, or cross-examination.
• Davis v. United States
  382 F.2d 221· 9th Cir.· 1967-08-17 ·cited 12×
  The court held that the circumstantial evidence was insufficient to establish that the appellant possessed the contraband.
• Askew v. Allstate Title & Abstract Co., Inc.
  603 So. 2d 29· Fla. 2d DCA· 1992-07-17 ·cited 11×
  A title insurance company acting as a closing agent has a duty to supervise the closing in a reasonably prudent manner and prepare closing documents in accordance with the contract for sale.
• Fitzpatrick v. McCORMICK
  869 F.2d 1247· 9th Cir.· 1989-03-07 ·cited 11×
  The court held that the petitioner was denied effective assistance of counsel due to a conflict of interest and that his death sentence for deliberate homicide violated the Double Jeopardy Clause.
• United States v. Haren
  952 F.2d 190· 8th Cir.· 1991-12-20 ·cited 10×
  The court affirmed the convictions and sentences of the appellants, finding sufficient evidence for convictions, no reversible error in jury instructions or evidentiary rulings, and no abuse of discretion in sentencing enhancements.
• Burden v. Zant
  903 F.2d 1352· 11th Cir.· 1990-05-29 ·cited 10×
  The court held that the petitioner did not receive ineffective assistance of counsel due to a conflict of interest, nor was his trial fundamentally unfair due to the admission of extrinsic-acts evidence.
• Kirkpatrick v. Butler
  870 F.2d 276· 5th Cir.· 1989-04-17 ·cited 10×
  The court held that Kirkpatrick was not denied effective assistance of counsel because, although his attorney's failure to challenge the evidence seized from his apartment was deficient, Kirkpatrick failed to demonstrate that the outcome of the proceeding would have been differen
• Burden v. Zant
  871 F.2d 956· 11th Cir.· 1989-04-10 ·cited 10×
  The court held that the record was inadequate to resolve the conflict of interest claim and remanded for an evidentiary hearing.
• Ozzie K. Cheek v. United States
  858 F.2d 1330· 8th Cir.· 1988-10-11 ·cited 10×
  The court held that a defendant who knowingly and voluntarily waives his right to direct appeal as part of a cooperation agreement cannot later raise claims that could have been raised on direct appeal in a § 2255 motion.
• United States v. Reese
  699 F.2d 803· 6th Cir.· 1983-01-21 ·cited 10×
  The court held that a district court's order disqualifying retained counsel based on an unsubstantiated belief of a conflict of interest, without sufficient inquiry or opportunity for waiver, must be reversed.
• Ware v. King
  694 F.2d 89· 5th Cir.· 1982-12-20 ·cited 10×
  The court held that the petitioner failed to demonstrate an actual conflict of interest by his counsel, and thus, the district court did not err in dismissing his habeas corpus petition.
• United States v. Payne
  635 F.2d 643· 7th Cir.· 1980-12-10 ·cited 10×
  The court held that the statute of limitations did not bar prosecution as the conspiracy involved a continuing relationship, and that the transportation of severed vehicle parts across state lines violates the Dyer Act. The court also affirmed the trial court's rulings on right t
• Weaver v. United Mine Workers OF Am.
  492 F.2d 580· D.C. Cir.· 1973-12-13 ·cited 10×
  The court held that the UMWA's new general counsel can represent the union in this litigation as it no longer presents a conflict of interest, and that the officer-defendants' appeal is moot due to the UMWA's realignment as a party-plaintiff.
• Murphy v. Wash. Am. League Base Ball Club, Inc.
  324 F.2d 394· D.C. Cir.· 1963-07-18 ·cited 10×
  The court held that the denial of a preliminary injunction against salary increases was not an abuse of discretion, and that the corporation's payment of legal fees for officers charged with misconduct requires separate representation.
• United States v. McFADDIN Express, Inc.
  310 F.2d 799· 2d Cir.· 1962-11-26 ·cited 10×
  The court held that there was no error in denying motions to reopen and that a non-party stockholder lacks standing to appeal a judgment.
• 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
• George Jones M-2329 v. Zimmerman
  805 F.2d 1125· 3d Cir.· 1986-11-28 ·cited 8×
  The court held that denying suppression of an inculpatory statement implicitly ruled it voluntary, and that the failure to submit the voluntariness issue to the jury was not a constitutional error requiring reversal. The court also found no violation of the right to counsel.
• 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.
• Tino Fiumara v. United States
  727 F.2d 209· 2d Cir.· 1984-01-26 ·cited 8×
  The court held that the appellant failed to establish an actual conflict of interest affecting his counsel's performance and that his wiretap claim was not cognizable under § 2255 and was barred by procedural default.
• United States v. Fontenot
  628 F.2d 921· 5th Cir.· 1980-10-24 ·cited 8×
  The court held that the evidence was sufficient to support the conviction for willfully making false statements on a tax return and that the trial court did not err in its rulings regarding evidence admissibility, witness examination, or Miranda warnings.
• Inquiry Concerning a Judge
  212 So. 3d 291· Fla.· 2017-03-02 ·cited 7×
  The Florida Supreme Court reviewed a judicial qualifications proceeding against Circuit Judge Andrew J. Decker, III for violations of the Rules of Professional Conduct and Code of Judicial Conduct stemming from his conduct as a private attorney and judicial candidate. The Court f