Conflict Of Interest

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

• Russakoff v. State
  724 So. 2d 582· Fla. 1st DCA· 1998-10-21 ·cited 6×
  Petitioner challenges the trial court's order disqualifying his legal counsel due to an alleged conflict of interest. The appellate court reverses, finding the record insufficient to support disqualification and remanding for a fuller factual record to be developed before the tri
• Stano v. State
  708 So. 2d 271· Fla.· 1998-03-20 ·cited 6×
  Gerald Stano, a death row inmate under execution warrant, appealed the trial court's denial of his second motion for postconviction relief under Florida Rule of Criminal Procedure 3.850. The Florida Supreme Court affirmed the denial, rejecting Stano's claims regarding witness rec
• Orange Cnty. v. Williams
  702 So. 2d 1245· Fla.· 1997-09-11 ·cited 6×
  Orange County appeals a trial court order requiring it to pay costs for a death-row inmate's pro bono postconviction counsel. The Florida Supreme Court holds that the Office of Capital Collateral Representative (CCR), not the county, bears responsibility for such litigation costs
• Davis v. King
  686 So. 2d 763· Fla. 5th DCA· 1997-01-17 ·cited 6×
  Jessie Elizabeth Davis appeals the trial court's decision to appoint Sandra Lee King as plenary guardian of an elderly woman instead of Davis, who had been designated as preneed guardian in the ward's advance declaration. The appellate court affirmed, holding that substantial com
• M.R. v. A.B.C.
  683 So. 2d 629· Fla. 3d DCA· 1996-11-27 ·cited 6×
  A mother appealed the dismissal of her paternity action against an alleged biological father, brought under the Privette standard which requires a preliminary hearing to determine whether pursuing paternity is in the child's best interests. The court reversed the dismissal, holdi
• Orange Cnty. v. Corchado
  679 So. 2d 297· Fla. 5th DCA· 1996-08-09 ·cited 6×
  Orange County appeals a trial court order appointing co-counsel to assist in representing a capital murder defendant and requiring the county to pay for such counsel. The court holds that while trial courts may appoint additional counsel in capital cases under appropriate circums
• Lane v. Ilana Sarfati
  676 So. 2d 475· Fla. 3d DCA· 1996-06-12 ·cited 6×
  Sharon Lane, a theatrical management services provider, sought to disqualify Richard Wolfe as counsel for her clients the Sarfatis in a dispute over a management contract that Wolfe had previously drafted an addendum for on Lane's behalf. The Florida District Court of Appeal gran
• THE Florida BAR v. Sofo
  673 So. 2d 1· Fla.· 1996-01-18 ·cited 6×
  The Florida Bar disciplined attorney Thomas Sofo for simultaneously representing two companies with conflicting interests—Micro Environmental and Neetco—while also holding a financial interest in both. The Florida Supreme Court upheld findings of ethical violations but reduced th
• Springtree Country Club Plaza, Ltd. v. Blaut
  642 So. 2d 27· Fla. 4th DCA· 1994-08-10 ·cited 6×
  A law firm sued its former client for personal injuries, with one partner representing the injured spouse and the other partner having previously represented and continuing to serve as resident agent for the defendant. The court granted the petition for certiorari and disqualifie
• Gacy v. Welborn
  994 F.2d 305· 7th Cir.· 1993-04-12 ·cited 6×
  The court held that a minor slip of the tongue in a jury instruction, when corrected by written instructions and defense counsel's argument, did not render the death sentence unconstitutional. Furthermore, a study on juror comprehension, even if accurate, could not overcome estab
• Sanjour v. Env't Prot. Agency
  984 F.2d 434· D.C. Cir.· 1993-01-29 ·cited 6×
  The regulation's broad ban on privately reimbursed travel expenses for federal employees speaking on official matters is an unconstitutional infringement on First Amendment rights because it is overinclusive and potentially discriminatory.
• Hudson v. State
  614 So. 2d 482· Fla.· 1993-01-14 ·cited 6×
  Timothy Hudson, a death row inmate, appealed a trial court's order on his motion for postconviction relief challenging his death sentence for murder. The Florida Supreme Court affirmed the trial court's decision, which found ineffective assistance of counsel at the penalty phase
• United States v. Lilly
  983 F.2d 300· 1st Cir.· 1992-12-04 ·cited 6×
  The court held that multiple counts for a single scheme to defraud a bank are multiplicitous and violate the Double Jeopardy Clause, but a prosecutor's question to a character witness, though potentially infelicitous, did not violate the defendant's Fifth Amendment rights when vi
• In re Sandahl
  980 F.2d 1118· 7th Cir.· 1992-12-02 ·cited 6×
  A writ of mandamus will be granted to vacate a disqualification order if the order is patently erroneous, as the judge's reasoning here was inadequate and based on an abandoned client's rights.
• United States v. Swinney
  970 F.2d 494· 8th Cir.· 1992-07-30 ·cited 6×
  The court affirmed convictions and sentences, finding no error in the Batson challenge, venue determination, denial of self-representation or continuance, or severance motions.
• United States v. Bluske
  969 F.2d 609· 8th Cir.· 1992-07-02 ·cited 6×
  The court held that the district court erred in relying solely on the presentence report's unsupported conclusions to determine drug quantities for sentencing, and that a serious question was raised regarding the attorney's conflict of interest. The court vacated the sentence and
• Proposed Standards of Professional Conduct for Certified and Court-Appointed Mediators
  604 So. 2d 764· Fla.· 1992-05-28 ·cited 6×
  The Florida Supreme Court established comprehensive rules for the certification, conduct, and discipline of court-appointed and certified mediators. These rules set minimum qualifications by mediator type, establish standards of professional conduct emphasizing integrity and impa
• Morris v. State OF Cal.
  966 F.2d 448· 9th Cir.· 1991-09-30 ·cited 6×
  The court held that judicial estoppel does not bar a habeas petitioner from asserting a claim of innocence based on ineffective assistance of counsel, and that the petitioner may be entitled to relief if her counsel's performance was deficient and prejudiced her defense.
• Brian A. Church v. Sullivan
  942 F.2d 1501· 10th Cir.· 1991-08-26 ·cited 6×
  The court held that the district court erred in finding procedural default for jury misconduct and due process claims, remanding for an evidentiary hearing on those issues. The court affirmed the dismissal of other claims.
• United States v. Contractor
  926 F.2d 128· 2d Cir.· 1991-02-11 ·cited 6×
  The court held that while the defendant had adequate notice of the grounds for an upward sentencing departure, the departure was procedurally flawed because it was based on a transaction for which the defendant bore no responsibility. The court also rejected the defendant's claim
• Comdyne I v. Corbin
  908 F.2d 1142· 3d Cir.· 1990-07-20 ·cited 6×
  The court should vacate the judgment and remand for a new hearing on the motion for default judgment due to failure to provide direct notice to the litigants as required by circuit precedent.
• United States v. Iles
  906 F.2d 1122· 6th Cir.· 1990-06-28 ·cited 6×
  The court held that the defendant was not deprived of his Sixth Amendment rights when the district court appointed his retained counsel to represent him at government expense after the attorney identified a conflict of interest and the defendant claimed indigency, as the defendan
• Toomey v. Bunnell
  898 F.2d 741· 9th Cir.· 1990-03-13 ·cited 6×
  The court held that an attorney's failure to move for suppression of evidence, even if intentionally done to create appeal grounds, does not constitute ineffective assistance of counsel if the motion would have been unsuccessful and the client was aware of the strategy.
• Thomas v. Mun. Court OF the Antelope Valley Jud. Dist. OF Cal.
  878 F.2d 285· 9th Cir.· 1989-06-23 ·cited 6×
  The court held that a mistrial declared sua sponte due to an attorney's conflict of interest, which the defendant refused to waive, constituted manifest necessity, thus permitting retrial without violating the Double Jeopardy Clause.
• United States v. Lesley Claywood Berry
  876 F.2d 55· 8th Cir.· 1989-05-26 ·cited 6×
  The court affirmed the district court's denial of the defendant's motions for sentence reduction, finding no merit in his various claims.
• United States v. Alamo
  872 F.2d 202· 7th Cir.· 1989-04-13 ·cited 6×
  The court held that the defendants' knowing and voluntary waiver of their right to separate counsel, despite the trial court's expressed reservations, was effective, and joint representation did not constitute ineffective assistance of counsel.
• Buffalo v. Sunn
  854 F.2d 1158· 9th Cir.· 1988-08-16 ·cited 6×
  The court held that the district court erred in resolving a factual dispute regarding 'cause' for a procedural default based solely on conflicting affidavits, and therefore, a remand for an evidentiary hearing is required.
• Cara Lyn Landreth v. United States
  850 F.2d 532· 9th Cir.· 1988-06-23 ·cited 6×
  The court should not have decided the constitutional claims prematurely and should have remanded for factual determination of the father's liability.
• Brevard Cnty. Bd. OF Cnty. Comm'rs v. The Honorable John Dean Moxley, Jr.
  526 So. 2d 1023· Fla. 5th DCA· 1988-06-16 ·cited 6×
  Brevard County challenged a trial court order requiring it to pay attorney fees for appointed counsel in a post-conviction 3.850 motion. The appellate court held that when counsel appointment is constitutionally required, counties must pay reasonable attorney fees under Florida S
• Atasi Corp. v. Seagate Tech.
  847 F.2d 826· Fed. Cir.· 1988-05-26 ·cited 6×
  The court held that the presumption of shared confidences applies to 'of counsel' attorneys, and the screening measures were insufficient to rebut this presumption, thus upholding the disqualification of the law firm.
• United States v. Hernandez
  842 F.2d 82· 5th Cir.· 1988-03-25 ·cited 6×
  The court held that the district court did not abuse its discretion in proceeding with the trial in the defendants' voluntary absence, nor in denying their motions for severance or suppression of evidence.
• Minerex Erdoel, Inc. v. Sina, Inc.
  838 F.2d 781· 5th Cir.· 1988-03-03 ·cited 6×
  A district court may not refer an appeal from a bankruptcy court decision to a United States magistrate, as such appeals are exclusively governed by 28 U.S.C. § 158.
• United States v. Lane
  834 F.2d 645· 7th Cir.· 1987-11-24 ·cited 6×
  The court held that the petitioner failed to demonstrate ineffective assistance of counsel or other constitutional violations, and therefore, the denial of his habeas corpus petition was affirmed.
• Bd. OF Trs. v. Eberhard Foods, Inc.
  831 F.2d 1258· 6th Cir.· 1987-10-21 ·cited 6×
  The dissenting judge would hold that the statutory presumptions in the MPPAA deprive employers of procedural due process and would reverse and remand.
• KL Grp. v. Case
  829 F.2d 909· 9th Cir.· 1987-10-09 ·cited 6×
  The court held that genuine issues of material fact exist regarding the scope of legal representation, precluding summary judgment, but affirmed the protective order barring use of an inadvertently produced privileged letter.
• Freeman v. State
  503 So. 2d 997· Fla. 3d DCA· 1987-03-17 ·cited 6×
  The court held that a criminal defendant has a constitutional right to counsel of their choice, and disqualification is improper without an opportunity to waive any conflict of interest.
• THE Florida BAR v. Mims
  501 So. 2d 596· Fla.· 1987-01-29 ·cited 6×
  The Florida Bar disciplined attorney Charles M. Mims for violations of professional responsibility rules, including neglect of a case, failure to comply with court orders, and failure to appear at a scheduled pre-trial conference. The Florida Supreme Court approved the referee's
• OLD Port Cove Prop. Owners Ass'n, Inc. v. Ecclestone
  500 So. 2d 331· Fla. 4th DCA· 1986-12-31 ·cited 6×
  A developer's sale of a planned community's road system to the property owners association while retaining a perpetual rent-free easement for access to commercial areas does not constitute a breach of fiduciary duty under Florida law. The court affirmed the trial court's holding
• Morrison v. Vernon F.L. Char
  797 F.2d 752· 9th Cir.· 1986-08-15 ·cited 6×
  The court held that the district court erred in granting summary judgment because the plaintiffs presented a new theory on appeal that was not argued below.
• Fugate v. Phoenix Civil Serv. Bd.
  791 F.2d 736· 9th Cir.· 1986-06-10 ·cited 6×
  The court held that the officers' extramarital relationships were not protected by the constitutional right of privacy because the conduct was not purely private and the officers failed to demonstrate a reasonable expectation of privacy.
• Community FOR Creative Non-Violence v. Pierce
  786 F.2d 1199· D.C. Cir.· 1986-04-08 ·cited 6×
  The court held that appellants lacked standing to seek disqualification of the United States Attorney's Office based on a claimed conflict of interest.
• Bradshaw v. O.L. McCOTTER
  785 F.2d 1327· 5th Cir.· 1986-04-04 ·cited 6×
  The court held that the appearance of impropriety created by a judge's name on a prosecuting attorney's brief, even if not actively involved in the prosecution, violates a defendant's right to an impartial tribunal.
• White Mountain Apache Tribe v. Hodel
  784 F.2d 921· 9th Cir.· 1986-03-07 ·cited 6×
  The court held that the district court properly dismissed the Tribe's claims regarding state court jurisdiction, conflict of interests, and quiet title, affirming the partial judgment under Rule 54(b).
• Jones v. Richards
  776 F.2d 1244· 4th Cir.· 1985-11-12 ·cited 6×
  The court held that the use of private attorneys to assist in a criminal prosecution, even while representing civil plaintiffs against the defendant, did not violate the defendant's constitutional right to an impartial prosecutor under the facts presented.
• Durkin v. The Nat'l Bank OF Olyphant
  772 F.2d 55· 3d Cir.· 1985-09-12 ·cited 6×
  Shareholders of national banks have a right to nominate candidates for director under 12 U.S.C. § 61, and a bank cannot retroactively disqualify a nominee by amending by-laws without providing a reasonable opportunity for a new nomination.
• Bush v. United States
  765 F.2d 683· 7th Cir.· 1985-06-20 ·cited 6×
  A defendant challenging joint representation must demonstrate an actual conflict of interest that adversely affected the lawyer's performance.
• Mirella Adelman v. Graves
  747 F.2d 986· 5th Cir.· 1984-12-03 ·cited 6×
  The district court improperly dismissed the pro se complaint with prejudice without first determining if the incompetent person's interests were adequately protected.
• Stewart v. State
  459 So. 2d 426· Fla. 1st DCA· 1984-11-16 ·cited 6×
  The court held that the defendant failed to meet his burden of proof to establish ineffective assistance of counsel due to dual representation, as he did not present evidence of a conflict of interest.
• Illinois v. Washington
  469 U.S. 1022· U.S.· 1984-11-13 ·cited 6×
• D.H. Overmyer v. Morton S. Robson
  750 F.2d 31· 6th Cir.· 1984-11-05 ·cited 6×
  The court held that the bankruptcy court did not abuse its discretion in striking an attorney's pro hac vice appearances and enjoining further legal services due to conflicts of interest and disclosure violations.