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

• Hunter v. State
  817 So. 2d 786· Fla.· 2002-04-04 ·cited 102×·via Actual Conflict Of Interest
  James Eugene Hunter, convicted of first-degree murder and other crimes and sentenced to death, appealed the denial of his postconviction motion for relief and filed a habeas corpus petition. The Florida Supreme Court affirmed the denial of postconviction relief and denied the hab
• In re Order on Prosecution of Criminal Appeals by the Tenth Judicial Circuit Public Defender
  561 So. 2d 1130· Fla.· 1990-05-03 ·cited 102×
  The Florida Supreme Court addresses a constitutional crisis where the Tenth Judicial Circuit Public Defender's office faces an overwhelming backlog of indigent criminal appeals, violating defendants' right to effective assistance of counsel on appeal. The Court modifies the Secon
• Westbrook v. Zant
  704 F.2d 1487· 11th Cir.· 1983-05-16 ·cited 98×
  The court held that the trial court's denial of a request for a court-appointed psychologist or psychiatrist to evaluate the impact of long-term incarceration on a capital defendant's mental state was not an abuse of discretion, as the defendant could have presented evidence thro
• United States v. Keane
  522 F.2d 534· 7th Cir.· 1975-08-18 ·cited 98×
  The court held that using inside information obtained through a public office for personal gain, and participating in official proceedings while concealing a financial interest, constitutes a scheme to defraud actionable under the mail fraud statute.
• United States v. Lemire
  720 F.2d 1327· D.C. Cir.· 1983-11-04 ·cited 97×
  The court held that while an intentional failure to disclose a conflict of interest alone is insufficient for a wire fraud conviction, the jury instructions, when viewed in their entirety and in light of the evidence, did not impermissibly allow conviction on that basis.
• United States v. Wayman
  510 F.2d 1020· 5th Cir.· 1975-04-03 ·cited 97×
  The court held that the trial court did not err in denying motions for new trial based on juror bias, severance, mistrial, dismissal, acquittal, or in refusing certain jury charges, and that no double jeopardy violation occurred.
• Silver Chrysler Plymouth, Inc. v. Chrysler Motors Corp. & Chrysler Realty Corp.
  496 F.2d 800· 2d Cir.· 1974-04-25 ·cited 97×
  An order denying a motion to disqualify counsel is an appealable collateral order under the doctrine established in Cohen v. Beneficial Industrial Loan Corp.
• Connelly v. The Special Rd. & Bridge Dist. No. 5
  99 Fla. 456· Fla.· 1930-03-05 ·cited 97×
  P.F. Connelly, an Arkansas paving contractor, sought to recover profits from a sub-contract that his employee J.W. Cooper had secretly negotiated and entered into with Smith Brothers Construction Company while still employed by and receiving wages from Connelly. The Florida Supre
• Raimi v. Furlong
  702 So. 2d 1273· Fla. 3d DCA· 1997-09-17 ·cited 96×
  In this consolidated appeal of a will contest and equitable action, the court reversed the lower court's judgment that found appellants had conspired to use undue influence to deprive the decedent Evelyn Gruber of her assets and procure a final will in their favor. The court held
• Kennedy v. City OF Cleveland
  797 F.2d 297· 6th Cir.· 1986-07-30 ·cited 94×
  The right to an immediate interlocutory appeal of a denial of qualified immunity is conditioned upon timely filing of a notice of appeal and can be waived by noncompliance with reasonable temporal limitations set by the district court.
• Beaudine v. United States
  368 F.2d 417· 5th Cir.· 1966-11-17 ·cited 94×
  The court held that the cumulative effect of unduly restricting cross-examination of the key government witness, Mulvey, regarding his prior convictions and potential motivations for testifying, constituted reversible error.
• Belton v. State
  217 So. 2d 97· Fla.· 1968-12-17 ·cited 93×
  A trial judge does not commit reversible error by failing to appoint separate counsel for jointly tried indigent co-defendants if no demand for separate counsel is made and no prejudice or conflict of interest is shown.
• Armstrong v. Clovis McALPIN
  625 F.2d 433· 2d Cir.· 1980-06-20 ·cited 92×
• Angel v. Oberon Inv., N.V.
  512 So. 2d 192· Fla.· 1987-09-10 ·cited 91×
  The Florida Supreme Court reviewed a case where a law firm was sued for negligence by a third party (Oberon Investment) who was not their client. The court held that attorneys are generally only liable to clients with whom they have privity, and this exception does not extend to
• Payne v. Travenol Labs., Inc.
  673 F.2d 798· 5th Cir.· 1982-04-22 ·cited 91×
  The court held that the district court erred in excluding black males from the plaintiff class without notice and in denying them relief after finding they were victims of discrimination.
• Lead Indus. Ass'n, Inc. v. Env't Prot. Agency
  647 F.2d 1130· D.C. Cir.· 1980-06-27 ·cited 90×
  The court affirmed the EPA's promulgation of national ambient air quality standards for lead, finding the Administrator acted within his statutory authority and that the rulemaking procedures were not infirm.
• Foxworth v. Louie L. Wainwright
  516 F.2d 1072· 5th Cir.· 1975-08-01 ·cited 90×
  Joint representation of multiple defendants in a capital case, where a plausible defense for one defendant would have prejudiced the others, constitutes a denial of the right to effective assistance of counsel.
• Ashe v. McNAMARA
  355 F.2d 277· 1st Cir.· 1965-12-14 ·cited 90×
  A district court has jurisdiction to review administrative action under 10 U.S.C. § 1552, compelling correction of a military discharge if the original conviction was unconstitutional.
• Foster v. State
  387 So. 2d 344· Fla.· 1980-06-19 ·cited 89×
  Foster was sentenced to death for felony murder and premeditated murder. The Florida Supreme Court reversed because the same court-appointed attorney represented both Foster and Betty Jean Strouder, a state witness whose testimony was damaging to Foster, creating an unresolved co
• Olen Clay Gorby v. State
  630 So. 2d 544· Fla.· 1993-12-09 ·cited 88×
  Olen Gorby was convicted of first-degree murder and sentenced to death for killing a disabled victim during a robbery. The Florida Supreme Court affirmed both the conviction and death sentence, rejecting Gorby's challenges to trial procedure, evidence admission, jury instructions
• United States v. Freeman
  619 F.2d 1112· 5th Cir.· 1980-06-25 ·cited 88×
  The court affirmed the convictions, finding no reversible error in the indictment, evidentiary rulings, jury instructions, or trial events.
• United States v. Javan Foster
  469 F.2d 1· 1st Cir.· 1972-11-14 ·cited 88×
  The court held that joint representation did not deprive the defendant of effective assistance of counsel, and affirmed the conviction. The court also established a new rule requiring trial courts to inform defendants of the risks of joint representation.
• Nelson v. United States
  415 F.2d 483· 5th Cir.· 1969-09-08 ·cited 88×
  The court held that the evidence was sufficient to support a conspiracy conviction, and that the trial court did not err in its rulings on severance, jury instructions, or the denial of a new trial.
• The McGhee Interests, Inc. v. Alexander Nat'l Bank
  102 Fla. 140· Fla.· 1931-06-23 ·cited 88×
  This case concerns the interpretation of an escrow agreement between McGhee Interests (owner/developer), Bender-Nichols (sales agent), and Alexander National Bank (escrow agent) regarding payment of commissions on land sales. The key issue is whether the escrow agreement changed
• United States v. Friedman
  854 F.2d 535· 2d Cir.· 1988-06-14 ·cited 87×
  The court vacated mail fraud convictions due to McNally v. United States, reserved decision on RICO convictions pending en banc review, and affirmed remaining convictions, finding the trial fair and error-free.
• Bruch v. Firestone Tire & Rubber Co. & Firestone Tire & Rubber Co. Ret. Plan for Salaried Emps. & Firestone Tire & Rubber Co. Stock Purchase & Sav. Plan
  828 F.2d 134· 3d Cir.· 1987-08-31 ·cited 86×
  The court held that the arbitrary and capricious standard of review is inappropriate for claims concerning an unfunded plan where the employer is the administrator and stands to profit from denying benefits; such claims should be reviewed de novo. The court also held that former
• 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.
• Abram Chasins v. Smith
  438 F.2d 1167· 2d Cir.· 1970-07-07 ·cited 86×
  The court held that a stock brokerage firm's failure to disclose its market-making role in securities it recommended to a client constituted a material omission under Rule 10b-5, even if the price was fair.
• 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
• Daniel Mones, P.A. v. Smith
  486 So. 2d 559· Fla.· 1986-03-20 ·cited 85×
  The Florida Supreme Court held that an attorney may claim a valid retaining lien on client settlement proceeds held in trust to secure payment of disputed fees for services rendered, but may not claim a charging lien without proper notice during the original proceeding. The court
• Talbot D'Alemberte v. William (Dale) Anderson
  349 So. 2d 164· Fla.· 1977-05-26 ·cited 85×
  The Florida Supreme Court affirmed the District Court's invalidation of Florida Statutes Section 112.313(1), which prohibited public officials from accepting gifts that would cause a reasonably prudent person to be influenced in their official duties. The court found the statute
• United States v. Washington
  782 F.2d 807· 9th Cir.· 1986-02-11 ·cited 84×
  The court held that disqualifying counsel based solely on an appearance of impropriety, without an evidentiary hearing to determine if an actual conflict existed, violated the defendant's Sixth Amendment right to counsel of choice. The court also found that certain items seized u
• Porter v. United States
  298 F.2d 461· 5th Cir.· 1962-01-12 ·cited 84×
  The court held that the district court erred in summarily dismissing the petitioner's § 2255 motion without a hearing, as the allegations of ineffective assistance of counsel due to a conflict of interest were not conclusively disproven by the record.
• United States v. Shively
  715 F.2d 260· 7th Cir.· 1983-08-08 ·cited 82×
  A conviction under 18 U.S.C. § 1014 requires proof that the bank was federally insured at the time of the offense, and a nine-year-old certificate is insufficient evidence. Conspiracy convictions can stand even if the substantive offense was impossible to commit.
• United States v. Alvarez
  580 F.2d 1251· 5th Cir.· 1978-09-28 ·cited 82×
  An attorney operating under an actual conflict of interest deprives a defendant of their Fifth and Sixth Amendment rights to effective assistance of counsel, and reversal is automatic without a showing of prejudice.
• Oliver v. Mich. State Bd. OF Educ.
  508 F.2d 178· 6th Cir.· 1974-12-09 ·cited 82×
  The court held that the district court's findings of de jure segregation by both local and state defendants were not clearly erroneous and were supported by the record, affirming the grant of permanent injunctive relief.
• 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
• Donovan v. Bierwirth
  680 F.2d 263· 2d Cir.· 1982-05-10 ·cited 80×
  The court held that while corporate officers serving as pension plan trustees must act solely in the plan participants' interests, they do not violate their duties by incidentally benefiting the corporation if they conduct a careful, impartial investigation. However, their action
• United States v. DeBERRY
  487 F.2d 448· 2d Cir.· 1973-11-07 ·cited 80×
  The dissenting judge would affirm the conviction, arguing that the trial court properly handled the potential conflict of interest arising from joint representation by questioning the defendants and counsel.
• Nohrr v. Brevard Cnty. Educ. Facilities Auth.
  247 So. 2d 304· Fla.· 1971-04-21 ·cited 79×
  The Florida Supreme Court upheld the validity of revenue bonds issued by the Brevard County Educational Facilities Authority to finance a dormitory-cafeteria at a private higher education institution, but struck the mortgage provision and foreclosure remedy from the trust indentu
• Nixon v. Singletary
  758 So. 2d 618· Fla.· 2000-01-27 ·cited 78×
  Joe Elton Nixon, a death row inmate, challenged his conviction for first-degree murder, claiming his trial counsel provided ineffective assistance by admitting his guilt during opening and closing arguments without his consent. The Florida Supreme Court held that such guilt admis
• Bouie v. State
  559 So. 2d 1113· Fla.· 1990-04-05 ·cited 78×
  The Florida Supreme Court affirmed a defendant's first-degree murder conviction but reduced his death sentence to life imprisonment. The court found the trial court's written findings supporting the death sentence were insufficient and lacked the required factual basis for meanin
• United States v. Harrison A. Williams, Jr.
  705 F.2d 603· 2d Cir.· 1983-04-05 ·cited 78×
  The court affirmed the convictions, finding sufficient evidence for the jury to conclude the defendants were predisposed to commit the crimes charged, rejecting claims of entrapment as a matter of law and outrageous government conduct.
• Snelgrove v. State
  921 So. 2d 560· Fla.· 2005-11-10 ·cited 77×
  David Snelgrove was convicted of two counts of first-degree murder and other crimes and sentenced to death. The Florida Supreme Court affirmed the guilt-phase convictions but reversed the death sentences because the jury rendered a single, undifferentiated advisory sentence rathe
• Willis v. Zant
  720 F.2d 1212· 11th Cir.· 1983-11-17 ·cited 76×
  The court held that the petitioner is entitled to an evidentiary hearing on his claims regarding the systematic exclusion of young adults from the jury venire and the prosecutor's historical practice of excluding black individuals from juries through peremptory challenges.
• United States v. Smith
  550 F.2d 277· 5th Cir.· 1977-04-08 ·cited 76×
  The court held that the trial court did not abuse its discretion in excluding jurors exposed to pretrial publicity, admitting certain lay witness testimony, admitting hearsay under the coconspirator exception, severing a defendant, denying a motion to suppress based on illegal se
• United States v. McCORD
  509 F.2d 334· D.C. Cir.· 1974-12-12 ·cited 76×
  The court held that while some trial errors occurred, they were not sufficiently prejudicial to warrant reversal given the strong evidence of guilt.
• Zweig v. The Hearst Corp.
  594 F.2d 1261· 9th Cir.· 1979-04-09 ·cited 75×
  A financial columnist who buys stock at a discount and then publishes a favorable column without disclosing his interest and intent to profit may violate Rule 10b-5, even if the undisclosed information does not directly relate to the company's intrinsic value.
• United States v. Drake Williams
  809 F.2d 1072· 5th Cir.· 1987-01-29 ·cited 74×
  The court affirmed most convictions but reversed some for specific defendants, finding that plea agreements did not preclude further indictment and that informal use immunity granted to Grossman was binding.
• THE Florida BAR v. Merrell G. Vannier
  498 So. 2d 896· Fla.· 1986-11-26 ·cited 74×
  An attorney who accepts representation while acting as an undercover agent for a third party with interests adverse to the client, and uses the fiduciary position to promote that third party's interests, commits cardinal violations of the Code of Professional Responsibility warra