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

• THE Florida BAR v. McKENZIE
  442 So. 2d 934· Fla.· 1983-11-23 ·cited 74×
  The court held that the referee's findings were clearly erroneous and the respondent attorney violated disciplinary rules by accepting a retainer and appointment in the same estate, warranting a public reprimand.
• Cord v. Smith
  338 F.2d 516· 9th Cir.· 1964-11-04 ·cited 74×
  The court held that an order denying a motion to disqualify an attorney is not immediately appealable, but can be reviewed via a writ petition, and that the attorney was disqualified due to prior representation of the opposing party in the same transaction.
• Overton v. State
  976 So. 2d 536· Fla.· 2007-11-29 ·cited 72×·via Actual Conflict Of Interest
  Thomas Mitchell Overton was convicted of murdering Susan and Michael Macl­vor and sentenced to death. He sought postconviction relief challenging his conviction and sentence, including claims of ineffective assistance of counsel, Brady violations, and denial of DNA testing. The F
• United States v. Dien
  609 F.2d 1038· 2d Cir.· 1979-10-26 ·cited 72×
  The court held that the warrantless search of cartons found in a vehicle, even with probable cause, violates the Fourth Amendment under Arkansas v. Sanders, and that warrantless security searches of premises require exigent circumstances, which were absent here. However, the init
• Smith v. J.D. White
  815 F.2d 1401· 11th Cir.· 1987-05-01 ·cited 71×·via Actual Conflict Of Interest
  The court held that the evidence was sufficient to support the convictions and that the petitioner did not receive ineffective assistance of counsel or make involuntary statements.
• Nolvert P. Scott, Jr. v. The Univ. OF Del.
  601 F.2d 76· 3d Cir.· 1979-06-06 ·cited 71×
  An appellee may raise arguments supporting the judgment on appeal without filing a cross-appeal, even if those arguments challenge the trial court's reasoning or seek to modify the judgment in a way that protects the appellee's favorable outcome.
• Freund v. Butterworth
  165 F.3d 839· 11th Cir.· 1999-01-22 ·cited 69×
  John Freund was convicted of first-degree murder for stabbing Ralph Walker to death in 1984 and sentenced to life imprisonment. Freund challenged his conviction on habeas corpus, alleging that his trial counsel at the law firm Foley, Colton and Duncan labored under conflicts of i
• Hatten v. State
  561 So. 2d 562· Fla.· 1990-05-03 ·cited 69×
  Jim Henry Hatten, convicted of first-degree murder and awaiting appellate briefing for over a year, petitioned for a writ of mandamus against the Public Defender's office for failing to timely file appellate briefs due to excessive caseload. The Florida Supreme Court held that ex
• Zuck v. State OF Ala.
  588 F.2d 436· 5th Cir.· 1979-01-24 ·cited 69×
  The court held that a defendant's trial counsel's representation of the prosecutor in an unrelated civil matter created an unwaived conflict of interest, rendering the trial fundamentally unfair and violating the defendant's right to effective assistance of counsel.
• Swafford v. Dugger
  569 So. 2d 1264· Fla.· 1990-11-14 ·cited 68×
  Roy Swafford, a death row inmate, petitioned for habeas corpus and appealed the denial of his postconviction motion, raising claims of ineffective assistance of counsel, Brady violations, improper victim impact evidence, and instructional error. The Florida Supreme Court rejected
• Kramer v. Sci. Control Corp.
  534 F.2d 1085· 3d Cir.· 1976-04-20 ·cited 68×
  An attorney cannot act as class counsel if the action might result in attorney's fees and the named representative is the attorney or professionally associated with them.
• Howell v. State
  707 So. 2d 674· Fla.· 1998-02-12 ·cited 67×
  Paul Howell was convicted of first-degree murder and sentenced to death for constructing a bomb intended to kill a drug-related witness, which instead killed a Florida Highway Patrol Trooper. The Florida Supreme Court affirmed the conviction and death sentence, holding that multi
• Baker v. State
  202 So. 2d 563· Fla.· 1967-09-20 ·cited 67×·via Conflicting Interests
  Baker and Dalton were convicted of felony murder and sentenced to death for the beating death of Francis MacKenzie during a robbery. The Florida Supreme Court reversed their convictions on the ground that their joint representation by court-appointed counsel violated their Sixth
• Quince v. State
  732 So. 2d 1059· Fla.· 1999-04-08 ·cited 66×
  Kenneth Quince, sentenced to death for first-degree felony murder and burglary, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850, claiming his trial counsel Howard Pearl had an undisclosed conflict of interest due to his concurrent servi
• In re Cent. ICE Cream Co.
  836 F.2d 1068· 7th Cir.· 1987-12-31 ·cited 66×
  The court held that while a misrepresentation in a brief violated Rule 11, the appeal itself was not frivolous enough to warrant sanctions under Rule 38, and an excessive fee request justified denial of fees.
• McCRAE v. State
  510 So. 2d 874· Fla.· 1987-06-18 ·cited 66×
  James McCrae appeals the denial of his Rule 3.850 post-conviction relief motion following his conviction for first-degree murder and death sentence. The Florida Supreme Court affirms the denial of most ineffective assistance of counsel claims but reverses and remands for resenten
• United States v. Garland Jeffers
  520 F.2d 1256· 7th Cir.· 1975-07-30 ·cited 66×
  The court held that defense counsel's prior representation of a prosecution witness did not create a disqualifying conflict of interest, and that the defendants waived any right to further cross-examination by counsel's failure to make an adequate record or seek alternative couns
• United States ex rel. George Hart v. Davenport
  478 F.2d 203· 3d Cir.· 1973-04-27 ·cited 66×
  Joint representation of co-defendants with conflicting interests, without an on-the-record inquiry by the court, constitutes ineffective assistance of counsel violating the Sixth Amendment, even if the attorney was privately retained.
• Yablonski v. United Mine Workers of Am.
  454 F.2d 1036· D.C. Cir.· 1971-11-24 ·cited 66×
  The court held that the district court's denial of a motion to disqualify UMWA's house counsel was a failure to give full effect to the prior mandate, and granted the petition for relief.
• United States v. Isidore Press
  336 F.2d 1003· 2d Cir.· 1964-08-11 ·cited 66×
  The court held that admitting evidence of customer complaints, particularly those never brought to the defendants' attention, was erroneous and potentially prejudicial, requiring reversal.
• United States v. DiCARLO
  575 F.2d 952· 1st Cir.· 1978-04-20 ·cited 65×
  The court held that the defendants failed to establish a real conflict of interest or actual prejudice from their counsel's actions, and that the government's failure to disclose certain letters did not violate Brady v. Maryland.
• In re Matter of Seymour A. Gopman. United States v. Seymour A. Gopman
  531 F.2d 262· 5th Cir.· 1976-05-06 ·cited 65×
  The court held that disqualifying an attorney based on a potential conflict between union interests and individual witness interests is improper when the union's interest aligns with the grand jury's function.
• United States v. Garcia-Rosa
  876 F.2d 209· 1st Cir.· 1989-05-23 ·cited 64×
  The court held that there was sufficient evidence to support the convictions and affirmed the denial of the motion to suppress. However, it found that the district court abused its discretion in admitting certain extrinsic act evidence.
• United States v. Solomon Weiss
  752 F.2d 777· 2d Cir.· 1985-01-07 ·cited 64×
  The court held that the RICO and mail fraud convictions were unconstitutional due to a constructive amendment of the indictment, where the defendant was convicted of a scheme to create a corporate cash fund, not the scheme to extract bribes and convert corporate funds as charged.
• AMENDMENTS TO FLA. RULES OF CRIM. PROCEDURE 3.851
  772 So. 2d 488· Fla.· 2000-04-14 ·cited 63×
  The Florida Supreme Court proposes comprehensive amendments to Rules of Criminal Procedure 3.851, 3.852, and 3.993 governing capital postconviction relief procedures. The amendments establish a dual-track system allowing collateral counsel appointment immediately after death sent
• In re RED Carpet Corp. OF Panama City Beach v. Miller
  902 F.2d 883· 11th Cir.· 1990-06-04 ·cited 63×
  The court held that the bankruptcy court did not abuse its discretion in awarding attorneys' fees, finding that the appellant had a full opportunity to present evidence of negligence and that the award was not clearly erroneous. The court also affirmed the award of interest on th
• Dougan v. State
  470 So. 2d 697· Fla.· 1985-05-30 ·cited 63×
  Jacob Dougan was convicted of first-degree murder in 1975 and sentenced to death. After multiple appeals and remands, this appeal addresses ineffective assistance of counsel for appellate representation. The Florida Supreme Court affirms the conviction but vacates the sentence an
• United States v. Dolan
  570 F.2d 1177· 3d Cir.· 1978-01-23 ·cited 63×
  When a trial court finds an actual conflict of interest that impairs counsel's ability to represent a defendant ethically, the court should not permit the defendant to waive that conflict.
• City of Leesburg v. Ware
  113 Fla. 760· Fla.· 1934-01-18 ·cited 63×
  The Florida Supreme Court affirmed the dismissal of the City of Leesburg's bill of complaint against bond trustees and a bank for purchasing Palmetto bonds without proper authorization. While the court recognized that the transaction violated public policy because a trustee acted
• United States v. Carr
  740 F.2d 339· 5th Cir.· 1984-08-17 ·cited 62×
  The court held that the district court did not abuse its discretion in denying the appellant's motion to withdraw his guilty plea.
• United States v. Sheiner
  410 F.2d 337· 2d Cir.· 1969-04-04 ·cited 62×
  The court held that the evidence was sufficient to support the convictions for mail fraud, wire fraud, conspiracy, and dealing in altered coins, and that the joint representation did not deny effective assistance of counsel.
• Chavez v. State
  12 So. 3d 199· Fla.· 2009-06-25 ·cited 61×
  Juan Carlos Chavez, convicted of first-degree murder, kidnapping, and sexual battery of a nine-year-old boy and sentenced to death, appealed the denial of his motion to vacate judgment and filed a habeas petition alleging ineffective assistance of counsel. The Florida Supreme Cou
• DeMELLO v. Adams Tr.
  914 So. 2d 1090· Fla. 4th DCA· 2005-11-30 ·cited 61×
  DeMello appeals from a civil contempt order holding her responsible for unpaid rent on a Connecticut property held in trust. The court reverses, finding that the original judgment did not explicitly obligate DeMello personally to pay rent and that contempt cannot be based on impl
• United States v. Raimundo Crespo de Llano
  830 F.2d 1532· 9th Cir.· 1987-10-26 ·cited 61×
  The court held that a trial court's failure to personally advise jointly represented defendants of their right to separate counsel under Rule 44(c) does not mandate reversal unless an actual conflict of interest adversely affected the lawyer's performance. The court also held tha
• Westbrook v. Zant
  743 F.2d 764· 11th Cir.· 1984-09-21 ·cited 61×
  The Eleventh Circuit held that the district court erred by failing to follow the law of the case established in Westbrook I, which mandated granting habeas corpus relief if the petitioner's counsel represented Jones County in the Gibson litigation.
• United States v. Jarrell COX
  580 F.2d 317· 8th Cir.· 1978-07-14 ·cited 61×
  The court held that the defendants knowingly and intelligently waived any conflict of interest arising from joint representation, and even without waiver, they failed to demonstrate an actual conflict. The court also found sufficient evidence to support one defendant's conviction
• Prandini v. Nat'l TEA Co. & the Amalgamated Food Emps. Union Local 590
  557 F.2d 1015· 3d Cir.· 1977-06-29 ·cited 61×
  The court held that while the district court properly identified potential conflicts of interest in fee arrangements, it erred by not making the required findings under the Lindy formula to determine reasonable attorneys' fees and by improperly reducing the fee fund without deter
• Drachman v. Harvey
  453 F.2d 722· 2d Cir.· 1971-07-21 ·cited 61×
  The court held that Section 10(b) of the Securities Exchange Act of 1934 and SEC Rule 10b-5 apply to the redemption of convertible debentures, and a sufficient claim of fraud in connection therewith was stated.
• Jones v. State
  612 So. 2d 1370· Fla.· 1992-12-17 ·cited 60×
  Randall Scott Jones appealed his death sentences imposed on resentencing for two murders committed during an attempted truck theft. The Florida Supreme Court affirmed both death sentences, rejecting Jones' challenges to counsel, evidentiary rulings, prosecutorial statements, and
• Equal Emp. Opportunity Comm'n v. Sears
  839 F.2d 302· 7th Cir.· 1988-01-14 ·cited 60×
  The court held that the majority opinion overstated the significance of some shortcomings in the EEOC's case and overlooked flaws in Sears' argument, particularly regarding the 'interest' defense.
• United States v. Gambino
  788 F.2d 938· 3d Cir.· 1986-04-18 ·cited 60×
  The court affirmed the convictions, holding that Antonio Gambino was not entrapped as a matter of law and that the district court did not err in proceeding with an eleven-person jury after excusing a juror for cause.
• Thomas v. Louie L. Wainwright
  767 F.2d 738· 11th Cir.· 1985-07-17 ·cited 60×
  The court held that a defendant's persistent, unreasonable refusal to communicate with counsel can constitute a waiver of the right to effective assistance of counsel, and that counsel's strategic decisions made in light of the defendant's silence were not ineffective.
• Athalie Doris JOY v. North
  692 F.2d 880· 2d Cir.· 1982-11-04 ·cited 60×
  The court held that Connecticut law would likely follow the business judgment rule, allowing independent committees to terminate derivative suits if they act independently, thoroughly, and in good faith, rather than adopting a more intrusive judicial second-guessing approach.
• United States v. Cunningham
  672 F.2d 1064· 2d Cir.· 1982-02-18 ·cited 60×
  A criminal defendant's Sixth Amendment right to counsel of choice generally outweighs the government's interest in disqualifying counsel due to potential conflicts, especially when the defendant knowingly waives the conflict and the former client does not seek disqualification. H
• United States v. DeFILLIPO
  590 F.2d 1228· 2d Cir.· 1979-01-08 ·cited 60×
  Defendants cannot complain about joint representation after being warned and electing to proceed.
• United States v. Agosto
  675 F.2d 965· 8th Cir.· 1982-04-09 ·cited 59×
  The court held that a district court's disqualification of defense counsel must be based on a clear showing of likely conflict, and that potential conflicts can sometimes be resolved by less burdensome means than disqualification, such as client consent or the use of backup couns
• Bd. OF Educ. OF the City OF NEW York & Irving Anker v. Ewald Nyquist
  590 F.2d 1241· 2d Cir.· 1979-01-09 ·cited 59×
  An attorney should not be disqualified based solely on an appearance of impropriety; there must be a reasonable belief that the conduct may affect the outcome of the case. In this instance, there was no appearance of impropriety.
• In re Yarn Processing Patent Validity Litig. Celanese Corp. & Fiber Indus., Inc. v. Leesona Corp.
  530 F.2d 83· 5th Cir.· 1976-04-19 ·cited 59×·via Conflict Of Interest (Attorney)
  A party generally lacks standing to seek disqualification of an attorney based on a conflict with a former client, unless that former client moves for disqualification or the conflict is manifest and glaring.
• THE Florida BAR v. Germain
  957 So. 2d 613· Fla.· 2007-05-17 ·cited 58×
  The Florida Supreme Court reviewed a referee's disciplinary recommendation against attorney Mark F. Germain for multiple ethical violations, including filing frivolous petitions, making false statements under oath, and making disparaging remarks about opposing parties and judges.
• Unioil, Inc. v. E.F. Hutton & Co., Inc.
  809 F.2d 548· 9th Cir.· 1986-10-15 ·cited 58×
  The Ninth Circuit held that an appeal from a conditional voluntary dismissal under Rule 41(a)(2) is not permitted when the condition is payment of costs and attorney's fees, as this does not constitute legal prejudice. However, the court affirmed the imposition of Rule 11 sanctio