United States v. Michael Malpiedi, Joseph Labianca, Robert Goldfine, Lucille Malpiedi Goldfine, and Linda Citrynell, Stephen Delli Bovi

How courts have described this case

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

• observing that “after-the-fact testimony by [the conflicted] lawyer ... is not helpful,” as “[e]ven the most candid persons may be able to convince themselves that they actually would not have used that strategy or tactic anyway”
• observing that “after-the-fact testimony by [a conflicted] lawyer … is not helpful,” as “[e]ven the most candid persons may be able to convince themselves that they actually would not have used that strategy or tactic anyway”
• “[0]nce the defendant establishes that there was an actual conflict, he need not prove prejudice, but simply that a ‘lapse in representation’ resulted from the conflict.”
• unanticipated incriminatory testimony by witness previously represented by defendant’s attorney required reversal of guilty verdict
• actual conflict where attorney had previously represented key government witness and could not fully cross-examine her
• counsel prohibited by lower court from cross-examining a government witness who believed counsel was her lawyer during grand jury proceeding, even if counsel believed he was never her lawyer

Source: CourtListener parenthetical corpus (CC0).