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· 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 CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.