counsel-conflict

8 cases — ← All topics

Case Title Lower Court Docketed Status Flags Tags Question Presented
24-5251 Keith Vernon Davis v. David Close, Superintendent, State Correctional Institution at Houtzdale Third Circuit 2024-08-07 Granted IFP counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment 1. WHETHER AN INDEPENDENT JUDICIAL DETERMINATION WAS MADE OF PROBABLE CAUSE OR A WARRANT ISSUED 1/22/2017 AT INCIDENT No. 20170122M1328 PRIOR TO ENTRY…
22-176 James Burkhart v. United States Seventh Circuit 2022-08-29 Denied Response Waived 28-usc-2255 adverse-effect conflict-of-interest counsel-conflict evidentiary-hearing guilty-plea ineffective-assistance post-conviction-relief sixth-amendment Under Cuyler v. Sullivan, 446 U.S. 335 (1980), to establish a Sixth Amendment violation, a defendant must prove that his lawyer had an "actual conflic…
21-8027 Derek J. DeGroot v. Wisconsin Wisconsin 2022-06-01 Denied Response WaivedIFP competency conflict-of-counsel counsel-conflict faretta-colloquy faretta-v-california pro-se-representation self-representation sixth-amendment timeliness trial-court-discretion Does the Sixth Amendment require a trial court to conduct a competency colloquy, pursuant to this Court's holding in Faretta v. California, where a de…
21-6156 Vilasini Ganesh v. United States Ninth Circuit 2021-11-03 Denied Amici (1)Response WaivedIFP calendar-management conflict-of-interest counsel-conflict counsel-substitution criminal-procedure defendant-rights due-process sixth-amendment substitution trial-court-discretion A. Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may de…
19-8039 Jeffrey Clark v. Louisiana Louisiana 2020-03-18 Denied IFP counsel-conflict criminal-trial death-penalty due-process eighth-amendment faretta-waiver jury-trial right-to-counsel right-to-self-representation self-representation sixth-amendment Mr. Clark represented himself at trial because his lawyer planned to concede his guilt of second-degree murder. The Louisiana Supreme Court held the F…
18-7083 Sylvia Ogbenyeanu Walter-Eze, aka Sylvia O. Okam v. United States Ninth Circuit 2018-12-18 Denied Response WaivedIFP conflict-of-interest constitutional-standards constructive-denial-of-counsel counsel-conflict critical-stage fundamental-fairness ninth-circuit presumed-prejudice structural-error waiver Whether, when the Court of Appeals of the Ninth Circuit, found that "both the threat of fees and the threat of potential sanctions created a conflict …
18-6680 Roberto Moreno Ramos v. Lorie Davis, Director, Texas Department of Criminal Justice, Correctional Institutions Division Fifth Circuit 2018-11-14 Denied IFP calderon-v-thompson circuit-court conflict-of-interest counsel-conflict death-penalty due-process habeas-corpus ineffective-assistance-of-counsel mandate-recall miscarriage-of-justice standard-of-review Given that Petitioner Moreno Ramos requested the circuit court recall its mandate solely to address a defect in the integrity of his habeas proceeding…
18-360 Ronald Bergrin v. United States Sixth Circuit 2018-09-20 Denied Response Waived competency-test conflicts-of-interest counsel-conflict criminal-investigation due-process due-process,criminal-procedure,competency,conflict dusky-standard dusky-v-united-states right-to-counsel stand-trial standard-of-review structural-error Does the competency test established in Dusky v. United States, 362 U.S. 402 (1960), permit a finding of incompetency to stand trial based on the accu…