Conflict Of Interest

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

• United States v. Franklyn G. Perry
  857 F.2d 1346· 9th Cir.· 1988-09-22 ·cited 8×
  The court held that the post-indictment service of a grand jury subpoena on a target's counsel for fee information does not constitute a per se violation of the Sixth Amendment right to counsel, as prejudice is not presumed in such cases.
• Eisenbud v. Suffolk Cnty. & Suffolk Cnty. Bd. of Pub. Disclosure
  841 F.2d 42· 2d Cir.· 1988-03-08 ·cited 8×
  The court held that while the district court should have applied an intermediate standard of review, the County's financial disclosure law is constitutional under that standard and does not violate equal protection rights.
• Laura McCarthy, Inc. v. Merrill-Lynch Realty/Cousins, Inc.
  516 So. 2d 23· Fla. 3d DCA· 1987-11-17 ·cited 8×
  Laura McCarthy, Inc. sought certiorari review of a trial court order disqualifying its counsel Dan Koppen from representing it in pending litigation. The appellate court granted the petition and quashed the disqualification order, finding that the trial court lacked sufficient le
• Waldemar Morales v. State
  513 So. 2d 695· Fla. 3d DCA· 1987-09-08 ·cited 8×
  The appellate court reversed a trial court's denial of a motion for post-conviction relief, finding that the defendant's trial counsel had a conflict of interest that adversely affected his performance and deprived the defendant of effective assistance of counsel.
• United States v. Richie Abner
  825 F.2d 835· 5th Cir.· 1987-08-14 ·cited 8×
  The court held that Richie Abner did not suffer from ineffective assistance of counsel because his attorney's conflict of interest did not have an adverse effect on his defense, as the charges against Richie were unrelated to the bankruptcy proceedings where the conflict arose.
• 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.
• Deretich v. Off. OF Admin. Hearings
  798 F.2d 1147· 8th Cir.· 1986-08-13 ·cited 8×
  The court held that the district court did not err in denying motions for judgment notwithstanding the verdict or a new trial, nor in dismissing the First Amendment and Section 1985 claims, and that res judicata properly barred certain due process claims.
• In re AOV Indus., Inc.
  797 F.2d 1004· D.C. Cir.· 1986-08-08 ·cited 8×
  The court held that the factual findings supporting the fee award were clearly erroneous due to evidence of a conflict of interest, vacating the award and remanding for reconsideration.
• United States v. Fischl
  797 F.2d 306· 6th Cir.· 1986-07-30 ·cited 8×
  The court held that a scheme to defraud for mail fraud purposes includes deceiving public officials and depriving them of information, even if the ultimate contractual performance is met.
• 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.
• Darl "Hunk" Havens v. State OF Ind.
  793 F.2d 143· 7th Cir.· 1986-06-10 ·cited 8×
  The court held that a prosecutor's prior representation of a defendant does not violate due process if the prior representation is unrelated to the current charges and no privileged information was used.
• Keeffe v. Library OF Congress
  777 F.2d 1573· D.C. Cir.· 1985-12-03 ·cited 8×
  The Library of Congress acted within its authority in interpreting its regulations to prohibit partisan political activity by CRS Analysts, but it failed to provide fair notice to Keeffe regarding the application of this interpretation to her specific situation.
• Sanderson v. Rice
  777 F.2d 902· 4th Cir.· 1985-11-15 ·cited 8×
  The court held that the North Carolina statute N.C.Gen.Stat. § 90-95(h) was intended by the legislature to create two separate offenses for trafficking by possession and trafficking by manufacture, thus not violating double jeopardy principles. However, it reversed and remanded f
• In re Schmidt
  775 F.2d 822· 7th Cir.· 1985-10-21 ·cited 8×
  Orders disqualifying counsel for a witness subpoenaed to appear before a grand jury are not immediately appealable final decisions under 28 U.S.C. § 1291.
• United States v. (Under Seal)
  774 F.2d 624· 4th Cir.· 1985-10-08 ·cited 8×
  Enforcing a grand jury subpoena for attorney fee records does not violate the Sixth Amendment right to counsel, the attorney-client privilege, or the Fifth Amendment privilege against self-incrimination.
• United States v. DeROBERTIS
  771 F.2d 1057· 7th Cir.· 1985-08-27 ·cited 8×
  The court held that the trial court's failure to investigate a timely objection to joint representation based on conflicting defenses violated the Sixth Amendment, and that an actual conflict of interest adversely affected counsel's representation, warranting habeas corpus relief
• Polo Fashions, Inc. v. Stock Buyers Int'l, Inc.
  760 F.2d 698· 6th Cir.· 1985-04-26 ·cited 8×
  The court held that appointing attorneys for a party in the underlying civil litigation to solely prosecute a criminal contempt action constitutes an abuse of discretion, denying due process.
• United States
  745 F.2d 935· 5th Cir.· 1984-10-22 ·cited 8×
  The court held that a defendant is entitled to automatic reversal of a conviction when the trial court improperly requires joint representation over a timely objection, even without demonstrable prejudice.
• Indep. Ins. Agents OF Am., Inc. v. Bd. OF Governors OF the Fed. Reserve Sys.
  736 F.2d 468· 8th Cir.· 1984-06-13 ·cited 8×
  The dissenting judge believes Mercantile's proposal was insufficiently precise regarding insurance costs and potential tying arrangements, and that conflicts of interest outweigh potential public benefits.
• United States v. Tosh
  733 F.2d 422· 6th Cir.· 1984-05-03 ·cited 8×
  A pretrial order disqualifying defense counsel in a criminal prosecution is not immediately appealable as a final order under 28 U.S.C. § 1291.
• Dougan v. Louie L. Wainwright
  448 So. 2d 1005· Fla.· 1984-04-05 ·cited 8×
  Jacob John Dougan petitioned for habeas corpus relief from his death sentence conviction, claiming his appellate counsel provided ineffective assistance due to conflict of interest and failure to raise meritorious claims. The Florida Supreme Court granted the petition and ordered
• 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. Sanders
  723 F.2d 34· 8th Cir.· 1983-12-14 ·cited 8×
  The court held that issues previously decided on a motion for a new trial or direct appeal are not cognizable in a subsequent motion to vacate sentence under 28 U.S.C. § 2255.
• Jefferson v. State
  440 So. 2d 20· Fla. 1st DCA· 1983-10-31 ·cited 8×
  Anthony Jefferson was convicted of armed robbery and appealed, claiming ineffective assistance of counsel. The court affirmed the conviction, holding that Jefferson failed to establish an actual conflict of interest affecting his attorney's performance, as the attorney had repres
• Falkowski v. Equal Emp. Opportunity Comm'n
  719 F.2d 470· D.C. Cir.· 1983-10-14 ·cited 8×
  The court held that summary judgment was improperly granted on claims alleging discriminatory denial of legal representation and arbitrary agency action, as genuine issues of material fact remained. However, summary judgment was affirmed on a claim barred by collateral estoppel.
• United States v. Shepard
  675 F.2d 977· 8th Cir.· 1982-04-09 ·cited 8×
  The court held that the district court must conduct a fuller exploration of whether an attorney received confidential information from former grand jury witnesses before disqualifying him, and that disqualification of local counsel for non-substantive matters is permissible.
• United States v. Felix-Jerez
  667 F.2d 1297· 9th Cir.· 1982-02-16 ·cited 8×
  Statements made through an interpreter, if voluntary and accurately translated, are not hearsay and are admissible as the party-opponent's own statement or as an agent's statement.
• Equal Emp. Opportunity Comm'n v. Anchor Hocking Corp.
  666 F.2d 1037· 6th Cir.· 1981-12-16 ·cited 8×
• Indep. Ins. Agents OF Am., Inc. v. Bd. OF Governors OF the Fed. Reserve Sys.
  658 F.2d 571· 8th Cir.· 1981-09-01 ·cited 8×
  The Board erred in refusing to grant an evidentiary hearing when presented with legitimate contentions that placed material facts in dispute regarding the public benefits of a bank's proposed insurance sales activity.
• Smith v. Singer Co.
  650 F.2d 214· 9th Cir.· 1981-07-10 ·cited 8×
  An employer may discharge an EEO officer who files complaints against the company, even if it appears retaliatory, if the officer's actions render them unable to perform their essential job functions.
• Babb v. Honorable W. F. Edwards
  400 So. 2d 1239· Fla. 5th DCA· 1981-06-03 ·cited 8×
  Assistant public defenders in the same circuit may represent antagonistic clients if their offices and facilities are sufficiently separated to prevent confidential information exchange.
• United States v. Young
  644 F.2d 1008· 4th Cir.· 1981-03-27 ·cited 8×
  The court held that the district court erred in denying a motion for an evidentiary hearing on a claim of attorney conflict of interest without sufficient exploration.
• Alumbaugh Coal Corp. v. Nat'l Labor Relations Bd.
  635 F.2d 1380· 8th Cir.· 1980-12-16 ·cited 8×
  The court held that while the company unlawfully discharged an employee for union activity, the employee's subsequent post-discharge dishonesty warrants modification of the reinstatement and backpay remedy. The court also affirmed the Board's bargaining order.
• White v. Roundtree Transp., Inc.
  386 So. 2d 1287· Fla. 3d DCA· 1980-08-12 ·cited 8×
  The court reversed a trial court order that allocated a portion of attorney's fees earned by the Talburt firm to the Magill firm for legal services rendered to minor children in a wrongful death action. The court held that the Magill firm was not entitled to any portion of fees e
• United States v. Marcano-Garcia
  622 F.2d 12· 1st Cir.· 1980-05-29 ·cited 8×
  The court held that the Honorary Consul was a protected person under the relevant statutes and that the statutes were not unconstitutionally vague or overbroad. It also found that the appellants received effective assistance of counsel and that pretrial publicity did not prevent
• Saylor v. Bastedo
  623 F.2d 230· 2d Cir.· 1980-05-23 ·cited 8×
  The court held that the district court abused its discretion by dismissing the action sua sponte for want of prosecution without adequate notice and by denying the motion to substitute the deceased plaintiff's executors.
• Baran v. State
  381 So. 2d 323· Fla. 5th DCA· 1980-03-19 ·cited 8×
  Florida appellate court reversed probation revocation where trial judge failed to consider that appellant's failure to pay public defender lien resulted from indigency rather than willful violation.
• United States v. Wencke
  604 F.2d 607· 9th Cir.· 1979-08-31 ·cited 8×
  The court held that the appellant's contentions of prosecutorial misconduct, conflict of interest, and procedural errors were unsupported by the record and did not deny him a fair trial.
• Thacker v. Bordenkircher
  590 F.2d 640· 6th Cir.· 1979-01-08 ·cited 8×
  The court held that a mere potential conflict of interest arising from joint representation is insufficient to establish a denial of the Sixth Amendment right to effective assistance of counsel; an actual conflict must be shown.
• Grumman Aerospace Corp. v. The United States
  579 F.2d 586· Ct. Cl.· 1978-06-14 ·cited 8×
  The court should not dismiss any part of the petition and should remand all parts of the claim to the NASA Board for determination of quantum.
• THE Florida BAR v. Papy
  358 So. 2d 4· Fla.· 1978-03-02 ·cited 8×
  The Florida Bar disciplined attorney Hugh R. Papy for misconduct as administrator of an estate, including concealing his financial interest in a company to which he sold estate assets, removing assets from appraisal, submitting false valuations to the court, and mishandling estat
• United States v. Atkinson
  565 F.2d 1283· 4th Cir.· 1977-12-08 ·cited 8×
  The court held that a defendant is denied effective assistance of counsel only if specific prejudice resulting from joint representation is shown, not merely the possibility of a conflict.
• Loran v. Carlton
  354 So. 2d 77· Fla. 1st DCA· 1977-11-23 ·cited 8×
  The Florida Real Estate Commission's two-year license suspension of a real estate salesman for actively concealing his personal interest in a property was reduced to one year because the record showed only a technical violation without evidence of conscious deception.
• In re Code of Judicial Conduct (financial Disclosure)
  348 So. 2d 891· Fla.· 1977-07-28 ·cited 8×
  The Florida Supreme Court amended Canons 5 and 6 of the Code of Judicial Conduct to establish comprehensive financial disclosure requirements for judicial officers, coordinating state constitutional mandates with Ethics Commission reporting forms. The amendments impose more restr
• Sec. & Exch. Comm'n v. Csapo
  533 F.2d 7· D.C. Cir.· 1976-04-05 ·cited 8×
  A district court's order conditioning subpoena enforcement on a witness's right to counsel of choice is affirmed, as the SEC failed to provide sufficient evidence that the chosen counsel's presence would obstruct the investigation.
• Mr. & Mrs. Jack N. Turoff v. The MAY Co.
  531 F.2d 1357· 6th Cir.· 1976-03-16 ·cited 8×
  The court held that named plaintiffs lacked standing to represent the class due to a conflict of interest, and that the defendant's billing methods and disclosures complied with federal and state law.
• United States v. Evanyelos Georvassilis
  498 F.2d 883· 6th Cir.· 1974-07-05 ·cited 8×
  The court held that the appellant was not prejudiced by joint representation and that his vague assertions were insufficient grounds for a new trial.
• Wilson v. Lash
  457 F.2d 106· 7th Cir.· 1972-02-03 ·cited 8×
  The court held that the district court did not err in dismissing the habeas corpus petition because the petitioner failed to prove constitutional violations regarding prejudicial publicity or his attorney's conflict of interest.
• Geiger v. State
  228 So. 2d 449· Fla. 4th DCA· 1969-12-03 ·cited 8×
  A claim of ineffective assistance of counsel cannot be raised on a direct appeal from adjudication and sentence.
• States Marine Lines, Inc. v. Fed. Mar. Comm'n & United States
  376 F.2d 230· D.C. Cir.· 1967-03-08 ·cited 8×
  The court held that while complainant secrecy is permissible, the self-policing system's failure to provide adequate safeguards against the use of secret evidence against an accused member renders it unfair. The court remanded the case for further proceedings.