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 Denied Relisted (2)IFP counsel-conflict due-process judicial-determination probable-cause property-seizure sixth-amendment Whether an independent judicial determination of probable cause was made prior to entry and seizure of property, and whether the trial court erred in …
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 Whether the Seventh Circuit's formulation of the adverse effect standard under Cuyler v. Sullivan is too demanding, particularly in the guilty plea co…
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 where a defendant makes a mid-trial demand to represent himself?
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 Do Sixth Amendment safeguards require trial courts to inquire into existing conflicts between counsel and the defendant before a trial court may deny …
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 Whether a defendant's waiver of counsel is not knowing, intelligent and voluntary when the defendant's only other option was to proceed to trial with …
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 the Court of Appeals of the Ninth Circuit erred in not applying the per se presumed prejudice rule
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 Did the Fifth Circuit err in applying the 'miscarriage of justice' standard and demanding clear and convincing evidence that no reasonable juror would…
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 permit a finding of incompetency based on the accused's unwillingness to assist counsel…