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

• Breakstone v. Honorable Mary Ann MacKENZIE
  561 So. 2d 1164· Fla. 3d DCA· 1989-09-14 ·cited 29×
  The Florida Third District Court of Appeal held that a trial judge must disqualify herself when opposing counsel has made a substantial campaign contribution ($500) to the judge's spouse's election campaign, as a reasonable person would fear bias. The court certified the question
• Guenter Mannhalt v. Amos E. Reed
  847 F.2d 576· 9th Cir.· 1988-05-25 ·cited 29×
  An attorney's accusation of criminal conduct related to the client's charges creates an actual conflict of interest that adversely affects performance, violating the Sixth Amendment right to effective assistance of counsel.
• Francis v. State
  473 So. 2d 672· Fla.· 1985-06-20 ·cited 29×
  Bobby Marion Francis was convicted of first-degree murder and sentenced to death for the brutal killing of Titus Walters, a confidential informant in a drug investigation. The Florida Supreme Court affirmed both the conviction and death sentence, finding the evidence overwhelming
• Sullivan v. Louie L. Wainwright
  721 F.2d 316· 11th Cir.· 1983-11-28 ·cited 29×
• Brink v. DaLESIO
  667 F.2d 420· 4th Cir.· 1981-11-05 ·cited 29×
  The court held that one plaintiff had standing to represent an employee benefit fund and that post-judgment intervention should have been allowed for another fund, while also requiring greater monetary relief including prejudgment interest.
• Parker v. Parratt
  662 F.2d 479· 8th Cir.· 1981-10-28 ·cited 29×·via Actual Conflict Of Interest
  The court held that neither defendant demonstrated an actual conflict of interest arising from joint representation, and therefore, neither is entitled to federal habeas corpus relief.
• Invs. Research Corp. & James E. Stowers v. Sec. & Exch. Comm'n
  628 F.2d 168· D.C. Cir.· 1980-04-29 ·cited 29×
  The court held that the SEC was not estopped from prosecuting the action, properly allocated the burden of proof, and that Stowers and Investors Research acted as agents violating section 17(e)(1) without requiring scienter. However, the court vacated the SEC's order against Drie
• N. Am. Acceptance Corp. Sec. Cases v. Arnall
  593 F.2d 642· 5th Cir.· 1979-04-20 ·cited 29×
  The denial of a motion to disqualify class counsel is not an appealable final decision under 28 U.S.C. § 1291 because it does not conclusively determine the disputed question and can be reviewed on appeal from a final judgment.
• Zylstra v. Safeway Stores, Inc.
  578 F.2d 102· 5th Cir.· 1978-08-09 ·cited 29×
  Attorneys who are partners or spouses of named plaintiffs, or who are members of the plaintiff class, should be subject to a per se rule of disqualification under Canon 9 in class action contexts.
• Miller v. United States
  564 F.2d 103· 1st Cir.· 1977-10-27 ·cited 29×
  The court held that even if the district court improperly relied on ex parte affidavits, the defendant failed to establish a claim of ineffective assistance of counsel based on the undisputed facts.
• Commercial Nat. Bank in Shreveport v. Parsons
  144 F.2d 231· 5th Cir.· 1944-07-27 ·cited 29×
  The court held that a bank acting as a pledgee and liquidator cannot profit from the trust estate beyond agreed-upon fees and interest, and that certain interest charges on assets constituted usury and were improperly deducted.
• Hutchinson v. State
  17 So. 3d 696· Fla.· 2009-07-09 ·cited 28×·via Conflict Of Interest In Legal Representation
  Jeffrey Hutchinson appeals the denial of his Rule 3.851 postconviction motion challenging his conviction for four counts of first-degree murder and three death sentences in the shooting deaths of his live-in girlfriend and her three children. The Florida Supreme Court affirms the
• Verizon Bus. Network Servs., Inc. v. Dep't OF Corr. & Securas Techs., Inc.
  988 So. 2d 1148· Fla. 1st DCA· 2008-08-04 ·cited 28×
  Verizon and Global-Tel Link challenged the Department of Corrections' award of an inmate telephone services contract to Securas Technologies. The court held that the Secretary violated procedural due process by both making the initial contract award decision and later entering th
• Sliney v. State
  944 So. 2d 270· Fla.· 2006-11-09 ·cited 28×
  Jack Sliney, a death row inmate, appealed the denial of postconviction relief under Florida Rule of Criminal Procedure 3.850 and petitioned for habeas corpus following his conviction for the 1992 murder and armed robbery of a pawn shop owner. The Florida Supreme Court affirmed th
• Gaton v. Health Coal., Inc.
  745 So. 2d 510· Fla. 3d DCA· 1999-11-24 ·cited 28×·via Conflict Of Interest (Attorney)
  Petitioners Gaton and Stiefel sought to disqualify opposing counsel's law firm (Greenberg, Traurig) because one of its newly-associated attorneys (Lipton) had previously served as their co-counsel and acquired confidential information about their case strategy. The court granted
• Teffeteller v. Dugger
  676 So. 2d 369· Fla.· 1996-03-07 ·cited 28×
  Four death row inmates appealed the trial court's denial of Florida Rule of Criminal Procedure 3.850 postconviction relief motions, challenging their representation by attorney Howard Pearl who undisclosed conflicts of interest as a deputy sheriff. The Florida Supreme Court vacat
• Pearson v. Sergio A. DeLAMERENS, M.D.
  656 So. 2d 217· Fla. 3d DCA· 1995-05-31 ·cited 28×
  In a wrongful death action arising from a child's cancer-related death, the trial court improperly reapportioned separate settlement agreements between the mother (personal representative) and father (survivor) by combining the mother's $700,000 settlement with the father's $10,0
• Raleigh Porter v. State
  653 So. 2d 374· Fla.· 1995-03-28 ·cited 28×
  Raleigh Porter, a death row inmate, challenged his death sentence through a second 3.850 postconviction motion and habeas petition, raising claims of trial counsel conflict of interest, Brady violations, resentencing counsel ineffectiveness, and newly discovered mitigating eviden
• United States v. Henry
  933 F.2d 553· 7th Cir.· 1991-05-29 ·cited 28×
  The court held that the denial of the motion to suppress was not clearly erroneous, the sentencing enhancement was proper, and the prior guilty pleas were valid.
• United States v. Hedges
  912 F.2d 1397· 11th Cir.· 1990-09-26 ·cited 28×
  The court held that 18 U.S.C. § 208(a) is a strict liability offense regarding the first three elements but requires knowledge of the financial interest. The court also held that entrapment by estoppel can be a defense even in strict liability cases.
• Ross v. United States
  910 F.2d 1422· 7th Cir.· 1990-08-16 ·cited 28×·via Conflict Of Interest In Legal Representation
  The court held that the United States and the City of Waukegan were properly dismissed, but the claim against Lake County for violating William Ross's constitutional rights by preventing rescue was cognizable under § 1983.
• Rajiv Bali v. Blue Cross & Blue Shield Ass'n & Health Care Serv. Corp.
  873 F.2d 1043· 7th Cir.· 1989-05-01 ·cited 28×
  The court held that the denial of benefits was not arbitrary or capricious because the plaintiff failed to provide reasonably requested medical documentation, even though a substantive review of the available evidence might lead to a different conclusion.
• United States v. Audelio Arzola-Amaya
  867 F.2d 1504· 5th Cir.· 1989-03-08 ·cited 28×
  The court held that the evidence was sufficient to sustain the convictions of the appellants and that the trial court did not err in denying requests to poll the jury regarding mid-trial publicity.
• United States v. Shilling
  826 F.2d 1365· 4th Cir.· 1987-08-26 ·cited 28×
  The court held that the government need not prove a defendant's specific knowledge of a weapon's automatic firing capability for a Firearms Act violation, and that the seizure of documents, even if overbroad, does not require suppression if the relevant documents were lawfully se
• United States v. Medico Indus., Inc.
  784 F.2d 840· 7th Cir.· 1986-02-27 ·cited 28×
  A contract modification is considered the same 'contract' as the original for purposes of 18 U.S.C. § 207(a) if it involves the same parties, facts, and subject matter, thus prohibiting a former government employee who participated in the original contract from representing a pri
• United States v. Ricks
  776 F.2d 455· 4th Cir.· 1985-10-10 ·cited 28×
  The dissenting judge holds that defense counsel's failure to seek clarification on jury selection procedures was unreasonable, and therefore the convictions should be affirmed.
• Whiteside v. Scurr
  744 F.2d 1323· 8th Cir.· 1984-09-19 ·cited 28×
  Defense counsel's threats to withdraw, inform the court of intended perjury, and testify against the client deprived the defendant of due process and effective assistance of counsel.
• Barry v. Barry and James Gebhardt
  712 F.2d 1554· 2d Cir.· 1983-06-22 ·cited 28×
  The court held that the public inspection provisions of the financial disclosure law were constitutional, as the city's interest in deterring corruption and enhancing public confidence outweighed the employees' privacy interests, and the privacy claim mechanism provided adequate
• Beard v. Udall
  648 F.2d 1264· 9th Cir.· 1981-06-26 ·cited 28×
  A judge is not immune for conspiracy to jail a party if the acts were non-judicial; a prosecutor loses immunity if acting outside authority due to conflict of interest and baseless charges; a sheriff has qualified immunity.
• Dade Cnty. v. Goldstein
  384 So. 2d 183· Fla. 3d DCA· 1980-05-13 ·cited 28×
  Dade County petitioned for certiorari to review a trial court order awarding $8,500 each to two court-appointed private attorneys for representing an insolvent criminal defendant after the public defender withdrew due to conflict of interest. The appellate court granted the petit
• United States v. Ostrer
  597 F.2d 337· 2d Cir.· 1979-04-23 ·cited 28×
  A former government attorney may be disqualified from representing a client if they possess information from their prior public service that could be used to impeach or discredit key government witnesses in a related matter.
• Himel v. Cont'l Ill. Nat'l Bank & Tr. Co. OF Chicago
  596 F.2d 205· 7th Cir.· 1979-03-14 ·cited 28×
• Maynard B. Melamed in Bankr. for Laub Baking Co. v. ITT Cont'l Baking Co.
  592 F.2d 290· 6th Cir.· 1979-01-24 ·cited 28×
  The court held that appeals from orders denying motions to disqualify counsel, where the moving party cannot show a possibility of injury after an evidentiary hearing, will be dismissed as interlocutory.
• United States v. Huntley
  535 F.2d 1400· 5th Cir.· 1976-07-29 ·cited 28×
  The court held that the defendants' absence during the rendition of judgment was a harmless error, and that the evidence was sufficient to convict them of interstate transportation of falsely made securities.
• Elba E. Wroblaski v. Hampton
  528 F.2d 852· 7th Cir.· 1976-01-22 ·cited 28×
  The court held that the Board of Appeals and Review's decision to separate the plaintiff from her position had a rational basis and affirmed the summary judgment.
• In re Abrams
  521 F.2d 1094· 3d Cir.· 1975-06-30 ·cited 28×
  The court held that federal courts should generally impose the same sanctions as state courts when disciplinary action is based on state proceedings, absent exceptional circumstances.
• Rothman v. United States
  508 F.2d 648· 3d Cir.· 1975-01-31 ·cited 28×
  The court held that a pro se prisoner's petition, even if styled under § 2255, should be treated as a writ of coram nobis if the petitioner is no longer in custody and alleges fundamental errors of fact.
• United States v. Truglio
  493 F.2d 574· 4th Cir.· 1974-03-14 ·cited 28×
  The court held that the defendant's guilty plea was not voluntary due to ineffective assistance of counsel stemming from joint representation and coercive plea negotiations, and that the trial court abused its discretion in denying the motion to withdraw the plea.
• United States v. Williams
  429 F.2d 158· 8th Cir.· 1970-06-30 ·cited 28×
  The court held that joint representation of codefendants does not violate the Sixth Amendment unless there is evidence of an actual or substantial possibility of a conflict of interest.
• Wilson v. Phend
  417 F.2d 1197· 7th Cir.· 1969-10-28 ·cited 28×
  The court held that a petitioner alleging ineffective assistance of counsel, even retained counsel, has alleged sufficient facts to compel an evidentiary hearing, as gross unfairness in conviction constitutes state action.
• Belton v. State
  211 So. 2d 238· Fla. 3d DCA· 1968-06-04 ·cited 28×
  Samuel Belton appealed his conviction challenging the appointment of the same counsel to represent him and co-defendants after an adjudication of insolvency. The Florida District Court of Appeal affirmed, holding that reversal is required only when an indigent defendant makes a d
• Norfleet Sawyer v. Brough
  358 F.2d 70· 4th Cir.· 1966-03-14 ·cited 28×
  The court held that joint representation of co-defendants with conflicting interests violates the Sixth Amendment right to effective assistance of counsel, even if the conflict was not apparent to the trial court or counsel.
• Texaco, Inc. v. Honorable Stephen S. Chandler
  354 F.2d 655· 10th Cir.· 1965-12-27 ·cited 28×
  A judge's connection with an attorney representing a party in a case before him is sufficient to require disqualification under 28 U.S.C. § 455.
• McINTOSH v. United States
  341 F.2d 448· 8th Cir.· 1965-02-24 ·cited 28×
  The court held that the circumstantial evidence was sufficient for the jury to infer that the defendant possessed the stolen tractor, transported it in interstate commerce, and knew it was stolen.
• Forrest Silva Tucker v. United States
  235 F.2d 238· 9th Cir.· 1956-06-26 ·cited 28×
  The court held that the district court erred in denying the motion for a writ of error coram nobis without a hearing, as the allegations of ineffective assistance of counsel and prosecutorial misconduct warranted further inquiry.
• Hayman v. United States
  187 F.2d 456· 9th Cir.· 1950-10-27 ·cited 28×
  The court held that Section 2255 is void in its entirety, making it impossible to procure the appellant's presence for proceedings.
• United States v. Corrigan
  168 F.2d 641· 2d Cir.· 1948-05-28 ·cited 28×
  The court held that the admission of prejudicial reports, based on an inapplicable 'opened the door' theory, required reversal and a new trial.
• Lainhart v. Burr
  49 Fla. 315· Fla.· 1905-01-01 ·cited 28×
  County commissioners of Dade County sold supplies to the county through firms in which they or their agents were partners, and the county sought to recover the payments. The Florida Supreme Court held that such self-dealing transactions are void as against public policy, but comm
• Cary Michael Lambrix v. State
  217 So. 3d 977· Fla.· 2017-03-09 ·cited 27×
  Cary Michael Lambrix, a death row inmate sentenced to death in 1986 for two murders, appealed a postconviction court's denial of successive motions for relief, including challenges based on alleged ineffective assistance of counsel, DNA testing denials, and Hurst v. Florida. The
• Tanzi v. State
  94 So. 3d 482· Fla.· 2012-04-19 ·cited 27×
  Michael Tanzi appeals the denial of his postconviction motion and habeas petition in a death penalty case for the murder of Janet Acosta in 2000. The Florida Supreme Court affirms the denial of relief, concluding that Tanzi failed to establish ineffective assistance of trial coun