· 12/10/1980
Magnolia Ross, Petitioner-Appellee-Appellant v. Robert Heyne and Theodore L. Sendak, Respondents-Appellants-Appellees
Citations
- 638 F.2d 979
- 1980 U.S. App. LEXIS 11571
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- conflict of interest arising from a trial in which one attorney represented the defendant while his law partner represented codefendants who testified for the prosecution
- conflict because one attorney represented defendant while his law partner represented codefendants who testified for prosecution
- defense counsel knew testimony denying plea agreement was false because his law partner was witness’ defense attorney and defense counsel, therefore, had conflict of interest
- \An actual conflict would arise where defense counsel is unable to cross-examine a prosecution witness effectively because the attorney also represented the witness.\
- \[t]he Supreme Court's proposal of this rule indicates its recognition that the potential constitutional problems attendant to multiple representation are present when different attorneys from the same legal partnership represent co-defendants with conflicting interests.\
- “[t]he Supreme Court’s proposal of this rule indicates its recognition that the potential constitutional problems attendant to multiple representation are present when different attorneys from the same legal partnership represent co-defendants with conflicting interests.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Bauer, Sprecher, Wisdom
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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