green
Positive treatment
Quoted verbatim 1×
31.2 score
“no one should be represented by an attorney who is making him the 'fall guy' by design.”
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988
2007
2026
Top citers, strongest first. 33 distinct citers.
How cited ↗
discussed
Cited as authority (verbatim quote)
United States v. Alvarez
no one should be represented by an attorney who is making him the 'fall guy' by design.
discussed
Cited as authority (rule)
People of Guam v. Ben Castro Crisostomo
“Trial courts presented with a conflict have an affirmative duty to protect a defendant’s rights.” Lockhart v. People v. Crisostomo, 2026 Guam 4 , Opinion Page 10 of 21 Terhune, 250 F.3d 1223, 1229 (9th Cir. 2001) (quoting United States v. Allen, 831 F.2d 1487, 1494 (9th Cir. 1987)). [22] A violation of a defendant’s Sixth Amendment right to conflict-free counsel amounts to structural error: “[A] defendant who shows that a conflict of interest actually affected the adequacy of his representation need not demonstrate prejudice . . . .” Cuyler, 446 U.S. at 349 ; see also Lockhart, 25…
discussed
Cited as authority (rule)
United States v. Imaad Zuberi
“The central question that we consider in assessing a conflict’s adverse effect is ‘what the advocate found himself compelled to refrain from doing’ because of the conflict.” Lockhart v. Terhune, 250 F.3d 1223, 1231 (9th Cir. 2001) (cleaned up) (quoting United States v. Allen, 831 F.2d 1487, 1497 (9th Cir. 1987)).
discussed
Cited as authority (rule)
United States v. Sylvia Walter-Eze
When faced with a defendant’s claim that her counsel operated under an actual conflict, “[t]he central question that we consider in assessing a conflict’s adverse effect is ‘what the advocate [found] himself compelled to refrain from doing’ because of the conflict.” Lockhart, 250 F.3d at 1231 (alteration in original) (quoting United States v. Allen, 831 F.2d 1487, 1497 (9th Cir. 1987)) (internal quotation marks omitted).
cited
Cited as authority (rule)
United States v. Swisher
See also Williams v. Calderon, 52 F.3d 1465 (9th Cir.1995); Sanders v. Ratelle, 21 F.3d 1446, 1452 (9th Cir.1994); United States v. Allen, 831 F.2d 1487, 1495 (9th Cir.1987).
discussed
Cited as authority (rule)
State v. Regan
The court must "`indulge every reasonable presumption against the waiver of fundamental rights.'" United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987) (quoting Glasser v. United States, 315 U.S. 60, 70 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)).
discussed
Cited as authority (rule)
State v. Regan
The court must “ ‘indulge every reasonable presumption against the waiver of fundamental rights.’ ” United States v. Allen, 831 F.2d 1487, 1498 (9th Cir. 1987) (quoting Glasser v. United States, 315 U.S. 60, 70 , 62 S. Ct. 457 , 86 L.
discussed
Cited as authority (rule)
United States v. Pizzonia
But see United States v. Christakis, 238 F.3d 1164, 1169 (9th Cir.2001) (counsel’s interest in protecting another client from being implieat *181 ed in a conspiracy conflicted with defendant’s interest in exchanging information inculpating the co-conspirator to obtain a reduced sentence); United States v. Allen, 831 F.2d 1487, 1496-97 (9th Cir.1987) (counsel labored under actual conflict of interest where defendant’s interest in showing that he was not a principal in a drug conspiracy would have implicated unindicted bosses of the operation who had ongoing attorney-client relationship wi…
cited
Cited as authority (rule)
Daniel Lee Lewis v. D.A. Mayle
We must “indulge every reasonable presumption against the waiver of fundamental rights.” United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987) (citation omitted).
discussed
Cited as authority (rule)
Richardson v. Newland
See Sanders v. Ratelle, 21 F.3d 1446, 1452-53 (9th Cir.1994); Fitzpatrick v. McCormick, 869 F.2d 1247, 1252 (9th Cir. 1989); United States v. Allen, 831 F.2d 1487, 1496-97 (9th Cir.1987); Trone v. Smith, 621 F.2d 994, 999 (9th Cir.1980).
cited
Cited as authority (rule)
United States v. Lawrence O. Larson, Jr.
Courts “indulge every reasonable presumption against the waiver of fundamental rights.” United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987) (citation and internal quotation marks omitted).
discussed
Cited as authority (rule)
State v. Dhaliwal
NOTES [1] State v. White, 80 Wash.App. 406, 410 , 907 P.2d 310 (1995); Garcia v. Bunnell, 33 F.3d 1193, 1195 (9th Cir.1994). [2] U.S. v. Mett, 65 F.3d 1531 , 1534 (9th Cir.1995). [3] Garcia, 33 F.3d at 1195 . [4] Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880 , 68 L.Ed.2d 378 (1981) (quoting Johnson v. Zerbst, 304 U.S. 458, 464 , 58 S.Ct. 1019 , 82 L.Ed. 1461 (1938)). [5] Evans v. Raines, 705 F.2d 1479, 1480 (9th Cir.1983). [6] U.S. v. Allen, 831 F.2d 1487, 1498 (9th Cir. 1987) (quoting Glasser v. U.S., 315 U.S. 60, 70 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942)). [7] Garcia, 33 F.3d at 1195 …
discussed
Cited as authority (rule)
State v. Dhaliwal
United States v. Allen, 831 F.2d 1487, 1498 (9th Cir. 1987) (quoting Glasser v. United States, 315 U.S. 60, 70 , 62 S. Ct. 457 , 86 L.
discussed
Cited as authority (rule)
Mickens v. Taylor
(2×)
See, e. g., Campbell v. Rice, 265 F. 3d 878, 887-888 (CA9 2001) (reversing conviction under Holloway when trial judge failed to enquire after the prosecutor indicated defense counsel had just been arraigned by the prosecutor’s office on felony drug charges); United States v. Rogers, 209 F. 3d 139, 145-146 (CA2 2000) (reversing conviction when District Court failed to enquire on notice that counsel for defendant alleging police misconduct was a police commissioner); United States v. Allen, 831 F. 2d 1487, 1495-1496 (CA9 1987) (finding Magistrate Judge had reasonably enquired into joint repres…
discussed
Cited as authority (rule)
Anthony Alexander Campbell v. Bert Rice, Warden
If the court determines that an actual conflict of interest exists, it must obtain the defendant’s knowing and intelligent waiver to the conflict or provide the defendant with the opportunity “to seek new counsel.” United States v. Allen, 831 F.2d 1487, 1495-96 (9th Cir.1987); Ciak v. United States, 59 F.3d 296 , 305 & n. 5 (2d Cir.1995).
examined
Cited as authority (rule)
Michael Anthony Lockhart v. C.A. Terhune, Director, California Department of Corrections Gail Lewis, Warden
(7×)
also: Cited "see, e.g."
An actual conflict exists when a defendant is placed “at odds with co-defendants who were in fact more culpable.” Allen, 831 F.2d at 1496.
discussed
Cited as authority (rule)
UNITED STATES of America, Plaintiff-Appellee, v. Juan Ramon MARTINEZ, Defendant-Appellant
In making such a determination, the court must “indulge every reasonable presumption against the waiver of fundamental rights.” United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987) (citation omitted).
discussed
Cited as authority (rule)
United States v. Adolfo Alvarez
See Wood v. Georgia, 450 U.S. 261, 268-69 , 101 S.Ct. 1097, 1102 , 67 L.Ed.2d 220 (1981) (“Courts and commentators have recognized the inherent dangers that arise when a criminal defendant is represented by a lawyer hired and paid by a third party, particularly when the third party is the operator of the alleged criminal enterprise.”); United States v. Gallegos, 975 F.2d 710, 713 (10th Cir.1992) (discussing possible conflict arising from multiple representation and “[assuming without deeiding that law partners should be considered as one lawyer”); United States v. Allen, 831 F.2d 1487,…
discussed
Cited as authority (rule)
Odle v. Calderon
(2×)
See Sanders, 21 F.3d at 1452-53 ; Fitzpatrick v. McCormick, 869 F.2d 1247, 1251 (9th Cir.1989); United States v. Allen, 831 F.2d 1487, 1497 (9th Cir.1987); Trone v. Smith, 621 F.2d 994, 999 (9th Cir.1980).
examined
Cited as authority (rule)
United States v. Mett
(4×)
also: Cited "see"
See, e.g., Garcia v. Bunnell, 33 F.3d 1193 , 1198 & n. 4 (9th Cir.1994), cert. denied, — U.S. -, 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995); United States v. Baker, 10 F.3d 1374, 1399 (9th Cir.1993), cert. denied, — U.S. -, 115 S.Ct. 330 , 130 L.Ed.2d 289 (1994); United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987), cert. denied, 487 U.S. 1237 , 108 S.Ct. 2907 , 101 L.Ed.2d 939 (1988).
examined
Cited as authority (rule)
95 Cal. Daily Op. Serv. 7356, 95 Daily Journal D.A.R. 12,583 United States of America v. William D. Mett Marvin L. Wiseman Center Art Galleries--Hawaii, Ltd.
(4×)
also: Cited "see"
See, e.g., Garcia v. Bunnell, 33 F.3d 1193 , 1198 & n. 4 (9th Cir.1994), cert. denied, --- U.S. ----, 115 S.Ct. 1374 , 131 L.Ed.2d 229 (1995); United States v. Baker, 10 F.3d 1374, 1399 (9th Cir.1993), cert. denied, --- U.S. ----, 115 S.Ct. 330 , 130 L.Ed.2d 289 (1994); United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987), cert. denied, 487 U.S. 1237 , 108 S.Ct. 2907 , 101 L.Ed.2d 939 (1988). 23 In order to prove a violation of his Sixth Amendment right to conflict-free counsel, "a defendant who raised no objection [to the conflict] at trial must demonstrate that an actual conflict adver…
cited
Cited as authority (rule)
United States v. Joseph Wayne Cathcart
United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987), cert. denied, 487 U.S. 1237 (1988).
discussed
Cited as authority (rule)
Mario Garcia v. William Bunnell
(2×)
See Holloway v. Arkansas, 435 U.S. 475 , 483 n. 5, 98 S.Ct. 1173 , 1178 n. 5, 55 L.Ed.2d 426 (1978); see also Edwards v. Arizona, 451 U.S. 477, 482 , 101 S.Ct. 1880, 1883-84 , 68 L.Ed.2d 378 (1981) (finding of adequate waiver of Sixth Amendment right to counsel depends on particular facts and circumstances surrounding the case); United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987).
discussed
Cited as authority (rule)
Manuel Contreras Quintero v. United States
(2×)
also: Cited "see, e.g."
This contention has sufficient merit to warrant an evidentiary hearing. 3 “[I]n a ease of joint representation of conflicting interests the evil ... is in what the advocate finds himself compelled to refrain from doing, not only at trial but also as to pretrial plea negotiations. ” United States v. Allen, 831 F.2d 1487, 1497 (9th Cir.1987) (quoting Holloway v. Arkansas, 435 U.S. 475, 490 , 98 S.Ct. 1173, 1182 , 55 L.Ed.2d 426 (1978)), cert. denied, 487 U.S. 1237 , 108 S.Ct. 2907 , 101 L.Ed.2d 939 (1988).
discussed
Cited as authority (rule)
United States v. Harris
(2×)
also: Cited "see"
United States v. Allen, 831 F.2d 1487, 1498 (9th Cir.1987) (citing Barker v. Wingo, 407 U.S. 514, 529 , 92 S.Ct. 2182, 2191 , 33 L.Ed.2d 101 (1972)).
cited
Cited as authority (rule)
United States v. Victor Gallardo
United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987).
discussed
Cited as authority (rule)
United States v. Quelma Gerald Morey
United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987), cert. denied, 487 U.S. 1237 (1988). 6 The district court's findings of fact were supported by the evidence and are not clearly erroneous: 7 Appellant was seen by police officers coming from a dark alley behind a 24 hour convenience and liquor store carrying something in his hands.
cited
Cited as authority (rule)
United States v. Samuele Manno
United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987), cert. denied 487 U.S. 1237 (1988). 7 Voluntariness of consent is a factual question to be determined from all of the circumstances.
cited
Cited as authority (rule)
United States v. Anderson
United States v. Allen, 831 F.2d 1487, 1494-95 (9th Cir.1987).
discussed
Cited as authority (rule)
United States v. Ronn Adair Westfall
Withdrawal of Counsel 9 Westfall contends that his attorney had a conflict of interest and should have withdrawn because the attorney had represented him in connection with one of the allegedly fraudulent insurance claims. 10 "Under the sixth amendment a criminal defendant has the right to be represented by counsel whose loyalties are undivided." United States v. Allen, 831 F.2d 1487, 1494 (9th Cir1987), cert. denied, 487 U.S. 1237 (1988).
discussed
Cited as authority (rule)
United States v. Gambino, Rosario
(2×)
See Anderson v. Bessemer City, 470 U.S. 564, 573-74 , 105 S.Ct. 1504, 1511-12 , 84 L.Ed.2d 518 (1985); LoConte v. Dugger, 847 F.2d 745, 750 (11th Cir.1988); United States v. Allen, 831 F.2d 1487, 1494 (9th Cir.1987), ce rt. denied, — U.S. —, 108 S.Ct. 2907 , 101 L.Ed.2d 939 (1988); United States v. McConney, 728 F.2d 1195, 1200 (9th Cir.), cert. denied, 469 U.S. 824 , 105 S.Ct. 101 , 83 L.Ed.2d 46 (1984).
discussed
Cited "see"
United States v. Juan Lorenzo Reyes-Galindo
(2×)
See United States v. Allen, 831 F.2d 1487, 1502-03 (9th Cir.1987).
discussed
Cited "see"
United States v. Carlos Rodriguez Rodriguez
See United States v. Allen, 831 F.2d 1487, 1496-97 (9th Cir.1987), cert. denied, 487 U.S. 1237 , 108 S.Ct. 2907 , 101 L.Ed.2d 939 (1988); United States v. Carpenter, 769 F.2d 258, 263 (5th Cir.1985) (no adverse effect on representation shown); United States v. Bernstein, 533 F.2d 775, 788 (2nd Cir.), cert. denied, 429 U.S. 998 , 97 S.Ct. 523 , 50 L.Ed.2d 608 (1976).
Retrieving the full opinion text from the archive…
UNITED STATES of America, Petitioner/Appellee Cross-Appellant,
v.
Katherine Bordallo AGUON, Et Al., Defendant-Appellant
v.
Katherine Bordallo AGUON, Et Al., Defendant-Appellant
85-1318.
Court of Appeals for the Ninth Circuit.
Nov 6, 1987.
Browning, Goodwin, Wallace, Kennedy, Anderson, Hug, Tang, Schroder, Fletcher, Farris, Pregerson, Alarcon, Poole, Nelson, Canby, Norris, Reinhardt, Beezer, Hall, Wiggins, Brunetti, Kozinski, Noonan, Thompson, O'Scannlain, Leavy.
Published
ORDER
Upon the vote of a majority of the nonrecused regular active judges of this court, it is ordered that this case be reheard by the en banc court pursuant to Circuit Rule 35-3. The previous three-judge panel assignment is withdrawn.