Conflicts

Name: Christeson v. Roper
Case #: 14-6873
Court: US Supreme Court
District USSup
Opinion Date: 01/20/2015
  • Categories: Appeals, Conflicts, Duties of Counsel, Ineff. Assist. Counsel (IAC), Right to Counsel

Defendant is entitled to conflict-free counsel to argue for equitable tolling of AEDPA where his appointed attorneys missed his filing deadline. Petitioner was convicted of three counts of murder and sentenced to death. The State (Missouri) affirmed judgment on direct…

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Name: Joshua P. v. Superior Court (Los Angeles County)
Case #: B253564
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 05/29/2014
  • Categories: Choice of Counsel, Conflicts, Const./Statutory Reqmts, Public Defenders, Right to Counsel

Juvenile court abused its discretion by refusing to allow public defender (PD) to represent a qualified juvenile ward absent a showing that the accused was not indigent or a conflict existed. Joshua was the subject of juvenile delinquency proceedings based…

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Name: Harris v. Superior Court
Case #: B251071
Court: CA Court of Appeal
District 2 DCA
Division: 1
Opinion Date: 04/25/2014
  • Categories: Conflicts, Defense, Ethical Considerations, Ineff. Assist. Counsel (IAC), Right to Counsel

Where trial counsel's representation at preliminary hearing was compromised due to conflict of interest, the information must be set aside because defendant was denied a substantial right to the effective assistance of counsel. Harris was arrested for drug crimes. Unknown…

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Name: People v. Bhasin
Case #: E046137
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 08/20/2009
  • Categories: Choice of Counsel, Conflicts, Right to Counsel, Scope of Right

A defendant's constitutional right to counsel of choice may be limited by the court's authority to maintain the orderly process of justice under the circumstances. Appellant was initially prosecuted for loan fraud and identity theft in Riverside County. Using the…

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Name: People v. Lopez et al.
Case #: F053389
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 11/24/2008
  • Categories: Conflicts, Marsden, Right to Counsel

To obtain relief for a conflict of interest, appellant must show either (1) an actual conflict which adversely affected trial counsel’s performance, or (2) informed speculation with a factual basis in the appellate record regarding a potential conflict that adversely…

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Name: In re Charlisse C.
Case #: S152822
Court: CA Supreme Court
District CalSup
Opinion Date: 10/30/2008
  • Categories: Conflicts, Dependency (300), Misc, Right to Counsel

In cases involving a potential conflict of interest, the standard for disqualification in cases involving successive representation is "vicarious disqualification," which is different and less stringent than the standard in simultaneous representation cases. In July 2006, the Los Angeles County…

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Name: People v. Bolton
Case #: D050721
Court: CA Court of Appeal
District 4 DCA
Division: 1
Opinion Date: 08/27/2008
  • Categories: Areas Constitutional Law, Conflicts, Other, Pretrial Motions, Right to Counsel, Speedy Trial

A defendant is not required to choose between the constitutional rights to speedy trial and assistance of counsel when he has not created the circumstances causing him to have to choose. Appellant was charged with several counts of assault-type behavior…

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Name: People v. Carrillo
Case #: B199656
Court: CA Court of Appeal
District 2 DCA
Division: 8
Opinion Date: 06/09/2008
  • Categories: By CALJIC Number, Conflicts, Ineff. Assist. Counsel (IAC), Jury Instructions, Right to Counsel, Supoenas/Witness, Trial Proceedings

The trial court did not err when it refused to compel the attendance of witnesses from Mexico. During his murder trial, Carrillo unsuccessfully sought to have the prosecutor and the trial court help him obtain evidence or secure the trial…

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Name: Foote v. Del Papa
Case #: 06-15094
Court: US Court of Appeals
District 9 Cir
Opinion Date: 05/22/2007
Subsequent History: later proceedings at 492 F.3d 1026
  • Categories: Conflicts, Right to Counsel

Because no U.S. Supreme Court case has held that an "irreconcilable conflict" between a defendant and his appointed counsel violates the Sixth Amendment right to counsel, a habeas action will be defeated by AEDPA's requirement that the claim implicates an…

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Name: Rhauburn v. Superior Court
Case #: E038620
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 06/09/2006
  • Categories: Conflicts, Public Defenders, Right to Counsel

Disqualification for conflict of interest is not mandatory when a public defender’s office previously represented a witness for the prosecution. The trial court granted the prosecutor’s motion to disqualify the public defender’s office because the office had represented a witness…

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