Conflict Of Interest

2,285 Florida cases classified under this topic · sorted by citation count

• In re Certification of Conflict in Motions to Withdraw Filed by Public Defender of the Tenth Judicial Circuit
  636 So. 2d 18· Fla.· 1994-04-21 ·cited 12×
  This case addresses whether a district court properly required the Public Defender of the Tenth Judicial Circuit to undergo an evidentiary hearing with a commissioner before being allowed to withdraw from 382 overdue criminal appeals due to excessive caseload. The Florida Supreme
• Swafford v. State
  636 So. 2d 1309· Fla.· 1994-04-07 ·cited 12×
  Roy Swafford, a death row inmate, appealed the denial of his second motion for postconviction relief under Rule 3.850, challenging his conviction and death sentence for first-degree murder and sexual battery. The Florida Supreme Court affirmed the trial court's summary denial, fi
• Amendments TO Rules Regulating THE Fla. Bar-1-3.1(a) & Rules OF Jud. Administration-2.065 (Legal AID)
  630 So. 2d 501· Fla.· 1993-06-23 ·cited 12×
  The Florida Supreme Court adopted aspirational (not mandatory) pro bono rules requiring Florida lawyers to strive to provide at least 20 hours per year of legal services to the poor, with mandatory reporting requirements and specific exemptions for judges, government employees, a
• Richard and Anita Poliquin v. Garden WAY, Inc.
  989 F.2d 527· 1st Cir.· 1993-03-24 ·cited 12×
  The court held that materials admitted into evidence at trial are subject to a strong presumption of public access, and post-trial restrictions require compelling reasons not present here; however, discovery materials not admitted into evidence can remain protected.
• In re Dresser Indus., Inc.
  972 F.2d 540· 5th Cir.· 1992-08-21 ·cited 12×
  A law firm cannot sue its own client in a substantially related matter, especially when the motivation appears to be the firm's self-interest, and disqualification is warranted.
• Blackburn v. State
  589 So. 2d 431· Fla. 1st DCA· 1991-11-15 ·cited 12×
  Louise Blackburn, a county commissioner, appealed her conviction by the Florida Commission on Ethics for allegedly violating the state ethics code by using county employees to compile information and draft an article supporting a garbage ordinance that she then used in her reelec
• Curtis W. Caine, Jr., M.D. v. M.D. Hardy, M.D.
  943 F.2d 1406· 5th Cir.· 1991-09-26 ·cited 12×
  The court held that the district court erred in denying the plaintiff's motion to amend his complaint and in dismissing his suit under Rule 12(b)(6) without accepting his allegations of bias as true.
• Hoffman v. Leeke
  903 F.2d 280· 4th Cir.· 1990-05-02 ·cited 12×
  The court held that the defendant was denied his Sixth Amendment right to effective assistance of counsel due to an actual conflict of interest by his attorney, and that the defendant's purported waiver of this right was not knowing and intelligent.
• United States v. Michaud
  901 F.2d 5· 1st Cir.· 1990-04-09 ·cited 12×
  The court held that a petitioner who has completely served their sentence and owes only a monetary fine is not considered 'in custody' for the purposes of seeking relief under 28 U.S.C. § 2255.
• Dziurgot v. Luther
  897 F.2d 1222· 1st Cir.· 1990-03-16 ·cited 12×
  A district court cannot dismiss a claim of a drug-induced waiver of the right to be present at trial based solely on the judge's personal observation; an evidentiary hearing is required if the allegations are not conclusively contradicted by the record.
• Chavez v. City OF Tampa
  560 So. 2d 1214· Fla. 2d DCA· 1990-03-16 ·cited 12×
  The Florida District Court of Appeal reversed a trial court's award of attorney's fees to a city council member who successfully defended ethics charges before the Florida Commission on Ethics, holding that neither the applicable statute nor common law principles supported reimbu
• Fasano v. State
  548 So. 2d 1191· Fla. 4th DCA· 1989-09-27 ·cited 12×
• United States v. Edwardo-Franco
  885 F.2d 1002· 2d Cir.· 1989-08-29 ·cited 12×
  The court held that the district court's conduct, including disparaging remarks about nationality and improper evidentiary rulings, created an appearance of bias, warranting a new trial for some defendants and dismissal of charges for another due to insufficient evidence.
• Auerbach v. McKINNEY
  549 So. 2d 1022· Fla. 3d DCA· 1989-06-20 ·cited 12×
  A severely brain-damaged minor child settled a personal injury case for $2.5 million, but the settlement funds were improperly disbursed to the plaintiffs' attorneys and a guardian with conflicts of interest rather than to the minor's estate. The appellate court affirmed that the
• Stringer v. Jackson
  862 F.2d 1108· 5th Cir.· 1988-12-22 ·cited 12×
  The court held that the petitioner's claims of prosecutorial misconduct, erroneous jury instructions, and ineffective assistance of counsel were either procedurally barred or without merit, affirming the denial of the writ of habeas corpus.
• In re AIR Crash AT Dallas/Fort Worth Airport ON August 2 v. DELTA AIR Lines, Inc.
  861 F.2d 814· 5th Cir.· 1988-12-13 ·cited 12×
  The court held that the parents' subsequent diversity action was barred by res judicata because it arose from the same cause of action as the prior suit brought by the decedent's daughter and the parents were in privity with the daughter under Florida's wrongful death statute.
• Charles W. Leigh & Ervin F. Dusek v. Engle
  858 F.2d 361· 7th Cir.· 1988-09-21 ·cited 12×
  The court affirmed the district court's findings that defendants breached fiduciary duties under ERISA, but also affirmed the limited damages awarded and the allocation of attorney's fees.
• United States v. Lott
  854 F.2d 244· 7th Cir.· 1988-08-11 ·cited 12×
  The court held that preliminary hearing testimony obtained in violation of the Sixth Amendment right to counsel is admissible for impeachment purposes if it was voluntarily given and not coerced, balancing the anti-perjury policy against the constitutional violation.
• United States v. Weinberg
  852 F.2d 681· 2d Cir.· 1988-07-21 ·cited 12×
  The court affirmed the conviction, holding that the defendant waived challenges to the indictment by pleading guilty, and that the sentencing hearing comported with due process and the plea agreement.
• Merk v. Jewel Cos., Inc.
  848 F.2d 761· 7th Cir.· 1988-05-31 ·cited 12×
  The court held that the Union did not have a duty to represent former employees in the settlement negotiations because they were no longer statutory employees under the NLRA, and thus could not have surrendered their claims.
• United States v. Huls
  841 F.2d 109· 5th Cir.· 1988-03-15 ·cited 12×
  The convictions are reversed because the indictment and jury instructions permitted the jury to convict based on a theory of mail fraud that has since been invalidated by the Supreme Court, specifically the deprivation of the intangible right to honest government.
• 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
• United States v. Hughes
  817 F.2d 268· 5th Cir.· 1987-05-06 ·cited 12×
  The court held that the trial court did not err in disqualifying counsel due to conflict of interest, denying motions for bills of particulars, denying severance, denying a motion for new trial, and that the evidence was sufficient to convict the appellants of conspiracy.
• Dooley v. George Petsock. Appeal of John Henry Dooley, Jr.
  816 F.2d 885· 3d Cir.· 1987-04-22 ·cited 12×
  The court held that the majority erred in not remanding for an evidentiary hearing to determine if counsel was ineffective for failing to seek disqualification of the prosecutor, given the prosecutor's prior representation of the defendant.
• United States v. Aiello
  814 F.2d 109· 2d Cir.· 1987-03-18 ·cited 12×
  The court held that the district court erred in summarily denying the appellants' motion for a new trial without a hearing, as their affidavits raised genuine issues of material fact regarding conflicts of interest. The court affirmed the denial of Scaduto's motion to correct his
• United States v. O'Leary
  806 F.2d 1307· 7th Cir.· 1986-11-24 ·cited 12×
  The court held that the district court correctly found an actual conflict of interest that adversely affected counsel's performance, and that the petitioner did not effectively waive this conflict due to collusion among the prosecutor, defense attorney, and police officer.
• United States v. Pecora
  798 F.2d 614· 3d Cir.· 1986-07-02 ·cited 12×
  The court held that there was sufficient evidence for the jury to find that the defendants violated the Taft-Hartley Act, which served as predicate acts for their RICO convictions.
• Steele v. The Hartford Fire Ins. Co.
  788 F.2d 441· 7th Cir.· 1986-04-10 ·cited 12×
  The court held that the insurer did not act in bad faith by refusing to settle for policy limits plus a covenant not to sue, as its actions were objectively consistent with protecting the insured's interests and the district court's finding of bad faith was clearly erroneous.
• United States v. Olivares
  786 F.2d 659· 5th Cir.· 1986-04-04 ·cited 12×
  The court held that multiple convictions for conspiracy violate the Double Jeopardy Clause when only a single conspiracy existed, but rejected claims of ineffective assistance of counsel due to an attorney's conflict of interest.
• Riner v. Owens
  764 F.2d 1253· 7th Cir.· 1985-06-14 ·cited 12×
  The majority holds that the petitioner demonstrated sufficient cause and prejudice to overcome waiver of his Sixth Amendment claim. The dissenting judge would hold that the petitioner failed to demonstrate prejudice and thus the claim should be denied.
• Griffin v. Joan M. Griffin for the Prop. of Thomas Lanier Griffin
  463 So. 2d 569· Fla. 1st DCA· 1985-02-18 ·cited 12×
  This appeal concerns whether trustees of a testamentary trust properly made monthly payments to non-income beneficiaries during their college attendance and whether the trial court properly ordered payments to the minor income beneficiary when that issue was not raised in the ple
• Shriner v. Dyer
  462 So. 2d 1122· Fla. 4th DCA· 1984-02-15 ·cited 12×
  Beneficiaries of the MSD Trust appealed from summary judgment and final judgment denying them relief for alleged trust mismanagement by co-trustees. The court affirmed the application of res judicata to bar claims for pre-September 12, 1980 damages, but reversed and remanded rega
• Aimor Elec. Works, Ltd. v. Omaha Nat'l Bank
  727 F.2d 688· 8th Cir.· 1984-02-03 ·cited 12×
  The court held that the jury instructions, when read as a whole, adequately informed the jury of the bank's fiduciary duties, and that substantial evidence supported the jury's verdict, thus the district court did not err in denying a new trial.
• Endress v. COE
  433 So. 2d 1280· Fla. 2d DCA· 1983-06-29 ·cited 12×
  Petitioner challenges a trial court order disqualifying his attorney Norman Cannella, a former chief assistant state attorney, from representing him on a first-degree murder charge. The appellate court quashes the disqualification order, holding that mere possibility of ethical i
• United States v. Bengston
  702 F.2d 656· 7th Cir.· 1983-03-18 ·cited 12×
  The court held that the indictment was constitutionally sufficient but remanded for an evidentiary hearing on whether the attorney's motion to withdraw due to a conflict of interest was dilatory.
• Int'l Union, Allied Indus. Workers OF Am., AFL-CIO v. Local Union NO. 589, Allied Indus. Workers OF Am., AFL-CIO
  693 F.2d 666· 7th Cir.· 1982-11-22 ·cited 12×
  The court held that the International Union's imposition of a trusteeship over Local 589 was invalid due to the International's bad faith and unclean hands, warranting dissolution of the trusteeship.
• In re Grand Jury Investigation. United States v. Jackson
  688 F.2d 1068· 6th Cir.· 1982-09-02 ·cited 12×
  The court held that the disclosure of information regarding potential obstruction of justice, along with the taxpayer's identity and the fact of a tax investigation, did not constitute a violation of 26 U.S.C. § 6103, and therefore did not create a conflict of interest or prosecu
• United States v. McDONALD
  672 F.2d 864· 11th Cir.· 1982-04-05 ·cited 12×
  The court held that the trial court did not abuse its discretion in denying the motion for continuance and that the imposition of consecutive sentences after retrial was permissible.
• Am. Postal Workers Union, AFL-CIO v. Am. Postal Workers Union, AFL-CIO
  665 F.2d 1096· D.C. Cir.· 1981-09-01 ·cited 12×
  The court held that the APWU breached the Labor-Management Reporting and Disclosure Act by failing to allow local ratification of a negotiated contract. The court also affirmed the dismissal of the Postal Service defendants.
• United States v. Robert "Bobby" Taylor (80-5117)
  657 F.2d 92· 6th Cir.· 1981-08-12 ·cited 12×
  The court held that the admission of co-conspirator testimony and limitations on cross-examination were proper, but a potential conflict of interest for one defendant requires further inquiry.
• United States v. Bennie E. Barnes
  662 F.2d 777· D.C. Cir.· 1980-12-01 ·cited 12×
  The court held that the appellant was denied his right to effective assistance of counsel of his choice at a hearing on his petition to vacate his sentence.
• Decker v. Sec. & Exch. Comm'n
  631 F.2d 1380· 10th Cir.· 1980-08-18 ·cited 12×
  The court held that the SEC erred in disregarding expert testimony on service valuation and in failing to require proof of awareness of wrongdoing for aiding and abetting liability. The case is remanded for reconsideration.
• Raphael J. Musicus v. Westinghouse Elec. Corp. & Coral Ridge Props., Inc.
  621 F.2d 742· 5th Cir.· 1980-07-15 ·cited 12×
  The court held that a district court must address the merits of a motion to disqualify counsel when allegations of conflict of interest or breach of ethical duties are made.
• English v. United States
  620 F.2d 150· 7th Cir.· 1980-03-13 ·cited 12×
  The court held that the appellant was not denied effective assistance of counsel and that the introduction of a co-defendant's confession did not violate the Bruton rule because the contextual inference of guilt was not compelled.
• In re The Bohack Corp. v. Gulf & W. Indus., Inc.
  607 F.2d 258· 2d Cir.· 1979-12-05 ·cited 12×
  The court held that the bankruptcy judge did not abuse discretion in removing Shaw & Levine as special counsel due to a conflict of interest, as their close ties to the debtor's chairman and substantial financial stake compromised their ability to act impartially.
• THE Florida BAR v. Neely
  372 So. 2d 89· Fla.· 1979-06-07 ·cited 12×
  The Florida Bar disciplined attorney Gary H. Neely for self-dealing with clients' real estate and lying under oath during disciplinary proceedings. The Florida Supreme Court approved the referee's findings of guilt but rejected a private reprimand as too lenient, imposing instead
• State OF Del. ex rel. Richard S. Gebelein v. Fla. First Nat'l Bank OF Jacksonville
  381 So. 2d 1075· Fla. 1st DCA· 1979-04-17 ·cited 12×
  Delaware's Attorney General appealed the dismissal of a complaint challenging the administration of the duPont Trust, arguing he has standing to enforce a charitable trust whose beneficiaries include Delaware residents. The court held that Delaware has a special interest in the t
• 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
• Beran v. United States
  580 F.2d 324· 8th Cir.· 1978-07-24 ·cited 12×
  The court held that the petitioners failed to demonstrate ineffective assistance of counsel, as they neither showed a breach of duty nor resulting prejudice for most claims, and for the one instance of breach (failure to move for a new trial), prejudice was not shown.
• Mariano Salomon v. LaVALLEE
  575 F.2d 1051· 2d Cir.· 1978-05-23 ·cited 12×
  The court held that a remand to determine the precise degree of prejudice from joint representation is unnecessary when the record already demonstrates prejudice.