Castell v. Kemp

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that defendant’s trial counsel was disqualified from representing defendant in habeas-corpus proceeding in which defendant asserted that trial counsel rendered ineffective assistance
• holding that defendant’s trial counsel was disqualified from representing defendant in habeas-corpus proceeding in which defendant asserted that trial counsel rendered ineffective assistance
• noting that a lawyer who serves as both witness and advocate “ ‘becomes more easily impeach able for interest and thus may be a less effective witness’ ” and “ ‘is in the unseemly and ineffective position of arguing his [or her] own credibility’ ” (citation omitted)
• noting that a lawyer who serves as both witness and advocate “ ‘becomes more easily impeachable for interest and thus may be a less effective witness’ ” and “ ‘is in the unseemly and ineffective position of arguing his [or her] own credibility’ ” (citation omitted)
• improper for defendant’s trial attorney to represent him in habeas proceeding that included allegations of ineffective assistance of trial because virtually all the evidence of ineffective assistance of counsel was within the attorney’s personal knowledge
• a lawyer who serves as both witness and advocate “becomes more easily impeachable for interest and thus may be a less effective witness” and “is in the unseemly and ineffective position of arguing his or her own credibility”

Source: CourtListener parenthetical corpus (CC0).