No. 21-6133

Dean Rossi v. United States

Lower Court: Third Circuit
Docketed: 2021-11-01
Status: Denied
Type: IFP
Response WaivedIFP Experienced Counsel
Tags: attorney-withdrawal conflict-of-interest criminal-procedure judicial-discretion necessary-witness prosecutorial-discretion right-to-counsel sixth-amendment standard-of-review
Key Terms:
AdministrativeLaw JusticiabilityDoctri
Latest Conference: 2021-12-03
Question Presented (AI Summary)

Is a prosecution's claim that a defendant's lawyer is 'likely to be a necessary witness' an 'actual conflict' or 'serious potential conflict' overriding the defendant's Sixth Amendment right to counsel?

Question Presented (OCR Extract)

Questions Presented 1) Is a prosecution’s claim that a defendant’s lawyer is “likely to be a necessary witness” at trial an “actual conflict” or “a serious potential conflict” that overrides the defendant’s right to counsel of his choice under the Sixth Amendment and Wheat v. United States, 486 U.S. 153, 164, 108 S. Ct. 1692, 100 L. Ed. 2d 140 (1988)? 2) What standard must a district court employ in deciding whether to grant or deny a criminal defense attorney’s motion to withdraw from representation, and what standard should a court of appeals employ to review such decisions?

Docket Entries

2021-12-06
Petition DENIED.
2021-11-10
DISTRIBUTED for Conference of 12/3/2021.
2021-11-03
Waiver of right of respondent United States of America to respond filed.
2021-10-28
Petition for a writ of certiorari and motion for leave to proceed in forma pauperis filed. (Response due December 1, 2021)

Attorneys

Dean Rossi
Michael James ConfusioneHegge & Confusione, Petitioner
United States of America
Elizabeth B. PrelogarSolicitor General, Respondent