Search | Punch and Jurists

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes)

Article • June 1, 1999 • from P&J June, 1999

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. White, No. 98-1102 (2nd Cir.) (174 F.3d 290) (April 23, 1999) (Judge Jose A. Cabranes) by The defendant in this case was found guilty by a jury of bank fraud. At a hearing to resolve various sentencing issues, he requested substitute counsel, criticizing his attorney's decision not to …

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher)

Article • December 1, 1998 • from P&J December, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Moore, No. 92-10026 (9th Cir.) (159 F.3d 1154) (September 23, 1998) (Judge Betty Binns Fletcher) by Here the Ninth Circuit, through Judge Fletcher, dealt with another controversial issue in this case - whether and under what circumstances a conflict of interest between an attorney and his client will …

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam)

Article • November 1, 1998 • from P&J November, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Luciano, No. 97-1221, No. 131 (2nd Cir.) (158 F.3d 655) (October 15, 1998) (Per Curiam) by Last year the Second Circuit authoritatively pronounced: "We have never held that a failure to pay fees or an attorney's motion to withdraw for his clients failure to pay, without more, gives …

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Jiang, No. 97-1245 (2nd Cir.) (140 F.3d 124) (March 19, 1998) (Per Curiam) by Case held that fact that defense counsel's partner had represented defendant's co-conspirator in related forfeiture proceedings did not warrant automatic reversal, but required remand to determine whether conflict in fact existed.

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by Court ordered an evidentiary hearing to determine if defense counsel had shown an excessive concern for the welfare of the defendant's co-defendants to the point of substantial prejudice. This is a case that …

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Taylor, No. 97-3028 (D.C. Cir.) (139 F.3d 924) (April 3, 1998) (Judge Judith W. Rogers) by Case rejected claim that counsel's persistent demands for money created a conflict, but it ordered an evidentiary hearing on the claim that counsel had a conflict by failing to raise an incorrect …

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich)

Article • June 1, 1998 • from P&J June, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. McKinnon, No. 91-299-CR-T-17B (M.D.Fla.) (995 F.Supp. 1404) (February 24, 1998) (Judge Elizabeth A. Kovachevich) by This is a case that simmers with intrigue. Essentially, over the strong objections of the Government, Judge Kovachevich ordered an evidentiary hearing to determine whether the defendant had been denied effective assistance of …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi)

Article • January 1, 1998 • from P&J January, 1998

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Messina, No. 96-1789, No. 410 (2nd Cir.) (131 F.3d 36) (October 16, 1997) (Judge Guido Calabresi) by This case raises two significant issues - neither of which can really be gleaned from a reading of the bland and dulcet tones of the Court's decision. For that reason, we …

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner) by In rendering its decision, the Court observed that although a "defendant's failure to pay fees may cause some divisiveness between attorney and client", courts generally presume that counsel will subordinate …

Freund v. Butterworth, No. 93-5317 (11th Cir.) (117 F.3d 1543) (July 16, 1997) (Judge Gerald B. Tjoflat)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Conflict of Interest

Freund v. Butterworth, No. 93-5317 (11th Cir.) (117 F.3d 1543) (July 16, 1997) (Judge Gerald B. Tjoflat) by This extraordinarily lurid, highly-publicized case is a testimonial to the perseverance of two defense lawyers; and it contains an unusually detailed analysis of the law dealing with prejudicial conflicts of interest between …

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner)

Article • August 1, 1997 • from P&J August, 1997

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. O'Neil, No. 96-1623, No. 1531 (2nd Cir.) (118 F.3d 65) (June 18, 1997) (Judge Roger J. Miner) by In stark contrast to the Freund decision (Freund v. Butterworth, 117 F.3d 1543 (11th Cir. 1997) (Judge Tjoflat) which is noted in this same issue) is this second attorney-client conflict-of-interest …

U.S. v. Gonzalez, No. 96-30161 (9th Cir.) (113 F.3d 1026) (May 9, 1997) (Judge William W. Schwarzer)

Article • June 1, 1997 • from P&J June, 1997

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Gonzalez, No. 96-30161 (9th Cir.) (113 F.3d 1026) (May 9, 1997) (Judge William W. Schwarzer) by The interesting issue raised in this case was whether the district court had abused its discretion when it denied defendant's motion for appointment of substitute counsel without first conducting an inquiry into …

Stoia v. U.S., No. 95-2424 (7th Cir.) (109 F.3d 392) (March 24, 1997) (Judge Michael S. Kanne)

Article • April 1, 1997 • from P&J April, 1997

Filed under: Punch And Jurists, Conflict of Interest

Stoia v. U.S., No. 95-2424 (7th Cir.) (109 F.3d 392) (March 24, 1997) (Judge Michael S. Kanne) by Here, although the Court agreed that counsel had an actual conflict of interest, without any hearing, it simply denied any relief to the defendant because he had failed to show that the …

U.S. v. Bruce, No. 95-3106 (D.C. Cir.) (89 F.3d 886) (July 26, 1996) (Judge Patricia M. Wald)

Article • August 1, 1996 • from P&J August, 1996

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Bruce, No. 95-3106 (D.C. Cir.) (89 F.3d 886) (July 26, 1996) (Judge Patricia M. Wald) by In this case, the Court noted that the courts have generally been reluctant to allow defendants to "force their ineffective assistance claims into the 'actual conflict of interest' framework . . . …

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin)

Article • January 1, 1996 • from P&J January, 1996

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Lussier, No. 94-1377 (2nd Cir.) (71 F.3d 456) (August 18, 1995) (Judge Joseph M. McLaughlin) by In this case the court held that "when a defense attorney cross examines a former client who is a witness against the defendant, a conflict of interest may exist; absent a waiver …

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

Frazer v. U.S., No. 92-55193 (9th Cir.) (18 F.3d 778) (March 10, 1994) (Judge Stephen S. Trott) by In Judge Beezer's concurring opinion, he reviewed four standards by which ineffective assistance of counsel claims are determined, as follows: (1) the Strickland standard, under which the defendant must show that counsel's …

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse)

Article • January 1, 1994

Filed under: Punch And Jurists, Conflict of Interest

U.S. v. Curcio, No. 82-1066, No. 1000 (2nd Cir.) (680 F.3d 881) (May 26, 1982) (Judge Amalya Lyle Kearse) by Landmark case which established need for a "Curcio" hearing when defendant asserts right to be represented by attorney of his choice despite conflict of interest so court can determine is …