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

• Borden v. Guardianship OF Elsa Marie Borden-Moore
  818 So. 2d 604· Fla. 5th DCA· 2002-05-17 ·cited 27×
  Sandra Borden appealed the dismissal of her petition to determine her mother Elsa's incapacity and to obtain guardianship. The trial court improperly dismissed the incapacity proceedings without notice to Sandra or Elsa's attorney, without an examining committee report, and after
• Carnival Corp. v. Beverly
  744 So. 2d 489· Fla. 1st DCA· 1999-09-16 ·cited 27×
  Carnival Corporation and its attorney Curtis Mase appealed the trial court's order disqualifying Mase from further participation in a personal injury lawsuit as a sanction for trial misconduct. The appellate court held that while trial courts possess inherent contempt power to di
• In re Annabelle FEY v. Curtis
  624 So. 2d 770· Fla. 4th DCA· 1993-09-15 ·cited 27×
  This appeal challenges a guardianship order for an elderly woman on the ground that the trial court failed to appoint independent counsel for the alleged incapacitated person at the onset of proceedings, violating statutory requirements and constitutional due process protections.
• United States v. Robert B. French (90-6222)
  974 F.2d 687· 6th Cir.· 1992-08-20 ·cited 27×
  The court held that the stops and detentions were objectively reasonable, French's consent to search was voluntary and effective as to Foster, the admission of prior bad acts testimony was not an abuse of discretion, the evidence was sufficient to convict Caldwell, and Caldwell w
• United States v. White
  887 F.2d 267· D.C. Cir.· 1989-10-10 ·cited 27×
  The court held that admitting privileged attorney-client communications was not harmless error, requiring reversal of White's conviction, and that venue for Finotti's bribery conviction was improper in the District of Columbia.
• Woods v. State
  531 So. 2d 79· Fla.· 1988-07-14 ·cited 27×
  Ronald Woods, a death row inmate, appealed the trial court's denial of his post-conviction relief motion under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, finding that Woods' claims were either procedurally barred because they could ha
• Hanson Tr. PLC v. ML SCM Acquisition Inc.
  781 F.2d 264· 2d Cir.· 1986-01-06 ·cited 27×
  The court held that the trial court's findings indicated a likelihood of a breach of the duty of due care by the directors, despite the business judgment rule.
• Son H. Fleming v. Kemp
  748 F.2d 1435· 11th Cir.· 1984-11-29 ·cited 27×
  The court held that the petitioner was deprived of his Sixth Amendment right to counsel at a critical stage of his murder prosecution, requiring automatic reversal of his conviction.
• United States v. Mahar
  550 F.2d 1005· 5th Cir.· 1977-04-14 ·cited 27×·via Conflict Of Interest In Legal Representation
  The court held that a defendant must affirmatively assert their right to retain counsel with a conflict of interest; failure to do so means the court can disqualify the attorney to ensure independent counsel.
• Wadie Michael Holifield v. State
  717 So. 2d 69· Fla. 1st DCA· 1998-07-09 ·cited 26×
  Florida appellate court reversed and remanded because trial court failed to appoint conflict-free counsel when defendant alleged duress by his own attorney in a motion to withdraw plea.
• Vines v. United States
  28 F.3d 1123· 11th Cir.· 1994-08-17 ·cited 26×
  The Sixth Amendment right to counsel is fundamental and requires an affirmative, knowing, intelligent, and voluntary waiver. The temporary absence of counsel during a critical stage of trial, such as the taking of evidence, is a structural defect requiring automatic reversal unle
• Etheria Verdell Jackson v. Dugger
  633 So. 2d 1051· Fla.· 1993-09-09 ·cited 26×
  Etheria Jackson, a death row inmate, appealed the denial of his Rule 3.850 postconviction motion and filed a habeas corpus petition. The Florida Supreme Court affirmed the trial court's denial, finding no merit to Jackson's ineffective assistance of counsel claims, procedural bar
• Milford Wade Byrd v. State
  597 So. 2d 252· Fla.· 1992-02-20 ·cited 26×
  Milford Wade Byrd appeals the denial of his Rule 3.850 motion for postconviction relief following his conviction and death sentence for murdering his wife. The Florida Supreme Court affirms the trial court's rejection of all seventeen claims, finding most procedurally barred and
• Laurence Kramer v. Time Warner Inc.
  937 F.2d 767· 2d Cir.· 1991-06-27 ·cited 26×
  A district court may consider relevant documents required by securities laws to be filed with the SEC when determining a motion to dismiss a complaint alleging material misrepresentations and omissions in those documents.
• Jennings v. State
  583 So. 2d 316· Fla.· 1991-06-13 ·cited 26×
  Bryan Fredrick Jennings, convicted of murdering six-year-old Rebecca Kunash and sentenced to death, appealed and petitioned for habeas corpus relief on grounds including Brady violations, ineffective assistance of counsel, and improper victim impact evidence. The Florida Supreme
• 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.
• Preston v. State
  528 So. 2d 896· Fla.· 1988-05-26 ·cited 26×
  Robert Preston appealed the denial of his Rule 3.850 postconviction motion in a first-degree murder case where he was sentenced to death. The Florida Supreme Court affirmed the trial court's denial, finding no Brady violations, no conflict of interest, and no Sixth Amendment viol
• United States v. Gallup
  812 F.2d 1271· 10th Cir.· 1987-02-27 ·cited 26×
  The court held that the evidence was sufficient to support the convictions for conspiracy to defraud the United States and influencing HUD transactions, and that the trial court did not err in its jury instructions or evidentiary rulings.
• Mitchell v. Wyrick
  727 F.2d 773· 8th Cir.· 1984-02-17 ·cited 26×
  A claim of ineffective assistance of counsel during state post-conviction proceedings is not cognizable under 28 U.S.C. § 2254, as habeas corpus reviews the detention itself, not collateral proceedings.
• United States v. Morris
  714 F.2d 669· 7th Cir.· 1983-07-11 ·cited 26×
  The court held that the trial court did not abuse its discretion in denying the motion to suppress statements or the motion to withdraw counsel, as the defendant voluntarily initiated contact with the FBI agent and the advocate-witness rule allowed for discretion in allowing defe
• United States v. Carpentier
  689 F.2d 21· 2d Cir.· 1982-09-20 ·cited 26×
  The court held that the government's conduct in the ABSCAM operation, as it related to Carpentier, was not so outrageous as to violate his due process rights, and his entrapment and severance claims were without merit.
• Holland v. Tenenbaum
  360 So. 2d 493· Fla. 4th DCA· 1978-07-12 ·cited 26×
  The court held that the removal of counsel without an adequate evidentiary hearing was improper when parties' affidavits conflicted.
• The AETNA Cas. & Sur. Co. v. United States
  570 F.2d 1197· 4th Cir.· 1978-01-31 ·cited 26×
  The court held that the district court erred in disqualifying the Department of Justice from representing the air traffic controllers, as no actual conflict existed and the controllers knowingly consented to joint representation.
• United States v. Kidding
  560 F.2d 1303· 7th Cir.· 1977-07-20 ·cited 26×
  The court held that the tractor and trailer constituted separate offenses under 18 U.S.C. §§ 2313 and 2315, and that the evidence sufficiently supported the convictions despite claims of duplicative charges, insufficient interstate commerce proof, ineffective assistance of counse
• Edwards v. Warden Sam P. Garrison
  529 F.2d 1374· 4th Cir.· 1975-10-13 ·cited 26×
  A prisoner's allegations of an unkept plea bargain may entitle them to an evidentiary hearing, even if they denied promises at arraignment, if they reasonably allege why their prior statements should not be conclusive.
• United States v. Fishbein
  446 F.2d 1201· 9th Cir.· 1971-07-28 ·cited 26×·via Conflict Of Interest In Legal Representation
  The court affirmed Fishbein's convictions for conspiracy and securities fraud, vacated others pending probation status, and affirmed Yordon's conspiracy conviction while reversing his securities fraud convictions.
• Dunbar v. State
  220 So. 2d 366· Fla.· 1969-03-12 ·cited 26×
  Michael Dunbar sought review of his 1965 robbery conviction, challenging his joint representation with a co-defendant. The Florida Supreme Court held that Baker v. State's rule requiring separate counsel for co-defendants does not apply retroactively to cases decided before Baker
• United States v. Santo Trafficante, Jr.
  328 F.2d 117· 5th Cir.· 1964-01-31 ·cited 26×
  An attorney who previously handled tax claims for the government is disqualified from representing defendants in a subsequent government suit to collect those same taxes, due to violations of professional ethics and federal statute.
• Buder v. Fiske
  174 F.2d 260· 8th Cir.· 1949-04-19 ·cited 26×
  The court held that the trustees' retention of stock rights as commission was improper due to a conflict of interest and that advancements made by the life tenant were gifts, not debts, thus sustaining the surcharge.
• In re Midland United Co. Appeal of Evans
  159 F.2d 340· 3d Cir.· 1947-01-30 ·cited 26×
  The concurring judge believes the rule disallowing transactions between spouses should not apply to a wife's purchase of subsidiary stock, even if the husband knew and approved.
• Borck v. Abbie S. Borck
  906 So. 2d 1209· Fla. 4th DCA· 2005-07-20 ·cited 25×
  The Fourth District Court of Appeal quashed a trial court order requiring non-party family members and entities to produce extensive financial records and tax returns in a guardianship proceeding. The court held that the trial court violated the Florida Constitution's privacy pro
• Rolling v. State
  825 So. 2d 293· Fla.· 2002-06-27 ·cited 25×·via Actual Conflict Of Interest
  Danny Harold Rolling, convicted and sentenced to death for five counts of first-degree murder in Gainesville, Florida, appeals the denial of his postconviction relief motion based on an ineffective assistance of counsel claim. Rolling argues his trial counsel failed to timely see
• Harich v. State
  542 So. 2d 980· Fla.· 1989-04-20 ·cited 25×
  Roy Allen Harich, a death row inmate, appealed the denial of his postconviction motion for relief and sought a stay of execution, raising multiple claims of ineffective assistance of counsel and constitutional violations. The Florida Supreme Court remanded for an evidentiary hear
• Tilmon McCUIN v. Tex. Power & Light Co.
  714 F.2d 1255· 5th Cir.· 1983-09-19 ·cited 25×
  A judge must disqualify himself as soon as he is aware that his relative has been enrolled as counsel in a case before him, and should take no further action in the case, including reassigning it.
• Solomon Webb v. State
  433 So. 2d 496· Fla.· 1983-04-14 ·cited 25×
  Solomon Webb appeals his conviction and death sentence for the first-degree murder of John Krasner. The Florida Supreme Court affirms the conviction but vacates the death sentence, holding that the trial court erred in overriding the jury's life sentence recommendation without fa
• Burns v. W.J. Estelle, Jr.
  695 F.2d 847· 5th Cir.· 1983-01-17 ·cited 25×
  A federal habeas petition containing both exhausted and unexhausted claims must be dismissed in its entirety to ensure total exhaustion of state remedies.
• DeARCE v. State
  405 So. 2d 283· Fla. 1st DCA· 1981-10-29 ·cited 25×
  A trial court disqualified a criminal defendant's chosen counsel due to potential conflicts of interest arising from the attorney's prior or related representation of prosecution witnesses. The appellate court held that while the trial court must fully inform the defendant of the
• Woodruff v. Hewitt P. Tomlin, Jr.
  616 F.2d 924· 6th Cir.· 1980-02-21 ·cited 25×
  The dissenting judge believes the majority incorrectly departed from Tennessee law regarding attorney liability for in-court negligence.
• Clement J. McDONALD v. Chicago Milwaukee Corp.
  565 F.2d 416· 7th Cir.· 1977-10-07 ·cited 25×
  The court held that the district court did not abuse its discretion in approving the settlement, finding that the representative plaintiff's dual holdings did not render him inadequate and that the creation of a subclass for former debenture holders was not a sham to disguise att
• United States v. Hurt
  543 F.2d 162· D.C. Cir.· 1976-03-08 ·cited 25×
  The court held that appellate counsel's representation on remand was ineffective due to a conflict of interest arising from a libel suit filed by trial counsel against him, and that the district court erred in compelling him to proceed.
• Grant v. Alldredge
  498 F.2d 376· 2d Cir.· 1974-06-10 ·cited 25×
  The court held that the government's failure to disclose exculpatory evidence, specifically that a witness identified another suspect, John Walsh, as the robber, constituted a Brady violation requiring a new trial.
• City OF Miami v. Benson
  63 So. 2d 916· Fla.· 1953-03-24 ·cited 25×
  The Florida Supreme Court held that a contract between the City of Miami and The First Boston Corporation, whereby the corporation served as the city's financial advisor for municipal bonds while simultaneously attempting to purchase those bonds, violated public policy and was vo
• Hunter v. Shell Oil Co.
  198 F.2d 485· 5th Cir.· 1952-07-31 ·cited 25×
  An agent who uses confidential information acquired within the scope of employment for personal gain or the gain of associates breaches their fiduciary duty, and equity will convert the wrongdoer into a constructive trustee for the principal.
• Hunter v. State
  29 So. 3d 256· Fla.· 2008-09-25 ·cited 24×·via Actual Conflict Of Interest
  James Eugene Hunter, a death row inmate, appealed the circuit court's denial of his successive Rule 3.851 postconviction motion raising claims of newly discovered evidence, Brady/Giglio violations, and ineffective assistance of counsel. The Florida Supreme Court affirmed the tria
• Harvey E. Morse, P.A. v. Clark
  890 So. 2d 496· Fla. 5th DCA· 2004-12-30 ·cited 24×
  Morse, an assignee of intestate heirs, sought to disqualify opposing counsel (Smith Hood) who represented the trust's representative (Clark) in a probate proceeding. The trial court denied disqualification, but the appellate court reversed, finding that Smith Hood violated Rule 4
• Conway Brock, Jr. v. Newman D. Brock
  667 So. 2d 310· Fla. 1st DCA· 1995-09-27 ·cited 24×
  In this will contest appeal, the court reversed a trial court's order unfreezing assets that had been frozen pending resolution of a challenge to the validity of a will and trust agreement. The court held that assets should remain frozen during the pendency of an appeal challengi
• Zarco Supply Co. v. Bonnell
  658 So. 2d 151· Fla. 1st DCA· 1995-07-17 ·cited 24×
  Zarco Supply Company sought disqualification of two law firms representing plaintiffs in a personal injury action arising from a car accident. The court held that despite the former client's consent, the firms were disqualified due to the irrefutable presumption of confidential d
• THE Florida BAR v. RUE
  643 So. 2d 1080· Fla.· 1994-10-20 ·cited 24×
  The Florida Supreme Court reviewed disciplinary proceedings against attorney John D. Rue for multiple violations including improper fee-sharing with non-lawyers, unauthorized financial assistance to clients, undisclosed business transactions with clients, and prohibited fee arran
• Rock v. State
  638 So. 2d 933· Fla.· 1994-06-23 ·cited 24×·via Actual Conflict Of Interest
  The Florida Supreme Court upheld a consolidated jury selection procedure in which three unrelated criminal cases were tried with juries selected sequentially from the same venire, rejecting the defendant's claim that this created an impermissible conflict of interest for his coun
• Quince v. State
  592 So. 2d 669· Fla.· 1992-01-16 ·cited 24×
  The court held that the trial court erred in summarily denying postconviction relief without an evidentiary hearing on the issue of trial counsel's alleged conflict of interest.