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· 1/8/1990

United States v. Millard Bowie

Citations

  • 892 F.2d 1494
  • 29 Fed. R. Serv. 689
  • 1990 U.S. App. LEXIS 147

How courts have described this case

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

  • holding that “defense counsel’s performance was adversely affected by an actual conflict of interest if a specific and seemingly valid or genuine alternative strategy or tactic was available to defense counsel, but it was inherently in conflict with his duties to others ____”
  • observing that when we review for plain error, \the standard actually applied is essentially the same as if there had been a timely motion for acquittal\
  • noting that “the potential for conflict is great” in a successive-representation case “where there is a substantial relationship between the cases”
  • stating that vouching can occur when counsel “implicitly indicat[es] that information not presented to the jury supports the witness’ testimony”
  • clarifying that “[u]se of the ‘truthfulness’ portions” of plea agreements “becomes impermissible vouching only when the prosecutors explicitly or implicitly indicate that they can monitor and accurately verify the truthfulness of the witness’ testimony”
  • not improper for prosecutor to elicit testimony that reveals a witness's obligation to tell the truth and the consequences of a breach of that obligation

Source: CourtListener parenthetical corpus (CC0).

Judges: Anderson, Logan, Seth

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.