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Lafuente v. U.S., No. 08-3670 (7th Cir.) (617 F.3d 944) (August 13, 2010) (Per Curiam) by Here the Court held that the district court had erred in prematurely denying § 2255 relief without a hearing on the petitioner's claim that he had been denied his right to conflict-free counsel because …
Article • September 1, 2008 • from P&J September, 2008
Ventry v. U.S., No. 06-3104-pr (2nd Cir.) (539 F.3d 102) (August 15, 2008) (Judge Richard C. Wesley) by Denial of petition for writ of habeas corpus, based on a claim that ineffective counsel led to his conviction for attempted armed robbery, is vacated where attorneys, one or both whom may …
Article • February 1, 2005 • from P&J February, 2005
U.S. v. Manuel Ramos, No. 03 Cr. 724(GEL) (S.D.N.Y.) (350 F.Supp.2d 413) (June 30, 2004) (Judge Gerard E. Lynch) by In a death penalty case, the government moved to disqualify an attorney (Valerie S. Amsterdam of New York) appointed as lead defense counsel over defendant's explicit objection, following the attorney's …
Article • November 1, 2004 • from P&J November, 2004
U.S. v. Clark, No. 04-CR-123 (E.D.Wisc.) (333 F.Supp.2d 789) (August 21, 2004) (Judge Lynn S. Adelman) by In this decision, Judge Adelman examined in detail the scope of 18 U.S.C. § 207(a), a provision that permanently restricts former officers and employees of the executive and legislative branches from undertaking work …
Article • November 1, 2003 • from P&J November, 2003
U.S. v. Armaza, No. 03 CR, 61(JGK) (S.D.N.Y.) (280 F.Supp.2d 174) (September 4, 2003) (Judge John G. Koeltl) by In this case, the Government sought to disqualify Stacey Richman of the Law Offices of Murray Richman from representing the defendant, Gustavo Armaza, in his criminal case. It’s case against Armaza …
Article • August 22, 2002
Wood v. Georgia, No. 79-6027 (U.S. Supreme Court) (450 U.S. 261; 101 S.Ct. 1097) (March 4, 1981) (Justice Powell) by The principal thrust of this probation violation case was an attorney conflict of interest issue and the Court held that the Sixth Amendment carries a correlative right to representation that …
Article • August 21, 2002
Glasser v. U.S., No. 30 (U.S. Supreme Court) (315 U.S. 60; 62 S.Ct. 457) (January 19, 2042) (Justice Murphy) by The petitioners in this case challenged their criminal convictions for conspiracy to defraud the United States under 18 U.S.C.S. § 88 by accepting payoffs in exchange for dismissing criminal charges …
Article • March 27, 2002
Holloway v. Arkansas, No. 76-5856 (U.S. Supreme Court) (435 U.S. 475; 98 S.Ct. 1173) (April 3, 1978) (Justice Burger) by Here the Court held that reversal of convictions is required where the trial court failed to discharge its duty to inquire into a known potential conflict of interest with attorneys …
Article • March 27, 2002
Cuyler v. Sullivan, No. 78-1832 (U.S. Supreme Court) (446 U.S. 335; 100 S.Ct. 1708) (May 12, 1980) (Justice Powell) by Case held that counsel is ineffective if her or she "actually represented conflicting interests" or an actual conflict of interest adversely affected the lawyer's performance. (Id., at 350). In this …
Article • March 1, 2002 • from P&J March, 2002
U.S. v. Stewart, No. CRIM. 01-062-P-C (D.Me.) (182 F.Supp.2d 97) (February 18, 2002) (Judge Gene Carter) by We have always found it a bit fascinating to watch how the courts deal with fee disputes between an attorney and his client. Not only do they love to pretend that such conflicts …
Article • March 1, 2002 • from P&J March, 2002
Mickens v. Taylor, No. 00-9285 (U.S. Supreme Court) (535 U.S. 162; 122 S.Ct. 1237) (March 27, 2002) (Justice Scalia) by The petitioner in this case, Walter Mickens, was convicted in Virginia in 1993 of the killing and sexual assault of a 17-year old male victim who had been stabbed 143 …
Article • November 1, 2001 • from P&J November, 2001
U.S. v. Adelzo-Gonzalez, No. 99-50152 (9th Cir.) (268 F.3d 772) (September 26, 2001) (Judge Susan Y. Illston) by In this case the Court found that the district court had erred by failing to make adequate inquiries into the alleged breakdown of trust between the defendant and his counsel - stating …
Article • March 1, 2001 • from P&J March, 2001
U.S. v. Davis, No. 99-1246 (2nd Cir.) (239 F.3d 283) (February 6, 2001) (Judge John M. Jr. Walker) by Two months after he entered a guilty plea to a bribery charge, the defendant in this case moved pro se to withdraw his guilty plea, claiming that he had been coerced …
Article • February 1, 2001 • from P&J February, 2001
Mickens v. Taylor, No. 00-4 (4th Cir.) (240 F.3d 348) (February 16, 2001) (Judge H. Emory Jr. Widener) by
Article • August 1, 2000 • from P&J June, 2000
Schell v. Witek, No. 97-56197 (9th Cir.) (218 F.3d 1017) (July 11, 2000) (Judge Stephen S. Trott) by Here, amending in minor respects a panel's decision, the Court held that the existence of a “toxic” conflict between a public defender and her client required a hearing to determine whether the …
Article • July 1, 2000
Marshall v. Jerrico, Inc., No. 79-253 (U.S. Supreme Court) (446 U.S. 238; 100 S.Ct. 1610) (April 28, 1980) (Justice Marshall) by Here the Court rejected a claim that a provision of the Fair Labor Standards Act violated the Due Process Clause because it provided that civil penalties collected should be …
Article • June 22, 2000
Wheat v. U.S., No. 87-4 (U.S. Supreme Court) (486 U.S. 153; 108 S.Ct. 1692) (May 23, 1988) (Justice Rehnquist) by In this case the Court emphasized that "while the right to select and be represented by one's preferred attorney is comprehended by the Sixth Amendment, the essential aim of the …
Article • November 1, 1999 • from P&J November, 1999
Atley v. Ault, No. 98-3603 (8th Cir.) (191 F.3d 865) (September 15, 1999) (Judge Richard H. Kyle) by In this case the Eighth Circuit held that a state court's pretrial inquiry into an alleged conflict of interest stemming from his appointment as an upcoming prosecutor was inadequate, and it granted …
Article • October 1, 1999 • from P&J October, 1999
Cabello v. U.S., No. 98-1543 (7th Cir.) (188 F.3d 871) (August 18, 1999) (Judge Diane P. Wood) by In this case, the defendant was first represented by court-appointed counsel. On the eve of trial, another lawyer appeared and announced that he would be representing the defendant. Neither the judge, the …
Article • August 1, 1999 • from P&J August, 1999
U.S. v. Messino, No. 99-1674 (7th Cir.) (181 F.3d 826) (June 22, 1999) (Judge William J. Bauer) by Here the Seventh Circuit held that the district court had abused its discretion by excluding the testimony of a Government witness in order to remedy an attorney conflict of interest, holding that …
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