No. 23-1241

Jeffrey Fay Pike v. United States

Lower Court: Fifth Circuit
Docketed: 2024-05-24
Status: Denied
Type: Paid
Response Waived
Tags: conflict-of-interest counsel-of-choice disqualification due-process ex-parte ex-parte-proceeding fifth-amendment prosecution-witness right-to-counsel sixth-amendment
Key Terms:
DueProcess HabeasCorpus TradeSecret
Latest Conference: 2024-09-30
Question Presented (from Petition)

I. Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration of the prosecution's evidence and without disclosing the names of the prosecution witnesses whom counsel allegedly previously had represented?

II. Does it deny a defendant the right to counsel of choice to disqualify trial counsel instead of allowing an independent, "walled-off" defense counsel to cross-examine any prosecution witness whom counsel previously had represented?

III. Does it deny a defendant the right to counsel of choice to disqualify trial counsel based on a purported conflict of interest due to counsel's prior representation of a potential witness whom the prosecution did not thereafter call to testify at trial?

Question Presented (AI Summary)

Does it deny a defendant due process of law to disqualify trial counsel based on a purported conflict of interest following the ex parte consideration of the prosecution's evidence and without disclosing the names of the prosecution witnesses whom counsel allegedly previously had represented?

Docket Entries

2024-10-07
Petition DENIED.
2024-06-12
DISTRIBUTED for Conference of 9/30/2024.
2024-06-10
Waiver of right of respondent United States to respond filed.
2024-05-22

Attorneys

Jeffrey Fay Pike
Randolph L. Schaffer Jr. — Petitioner
United States
Elizabeth B. Prelogar — Respondent