green
Positive treatment
Quoted verbatim 1×
6.8 score
“cuyler presumption of prejudice cannot be applied blindly to every ineffective assistance of counsel claim involving a conflict of interest”
Treatment trajectory · 1991 → 2026 · click a year to view as-of
1991
2008
2026
Top citers, strongest first. 8 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
Betty Lou Beets v. Wayne Scott, Director Texas Department of Criminal Justice, Institutional Division
(2×)
also: Cited "see"
cuyler presumption of prejudice cannot be applied blindly to every ineffective assistance of counsel claim involving a conflict of interest
cited
Cited "see"
United States v. Phillips
See Johnston v. Mizell, 912 F.2d 172, 176 (7th Cir.1990), cert. denied, 498 U.S. 1094 , 111 S.Ct. 982 , 112 L.Ed.2d 1067 (1991).
discussed
Cited "see"
Williams v. Turpin
See Johnston v. Mizell, 912 F.2d 172, 176 (7th Cir.1990), cert. denied, 498 U.S. 1094 , 111 S.Ct. 982 , 112 L.Ed.2d 1067 (1991); Menefield v. Borg, 881 F.2d 696, 698-99 (9th Cir.1989); see also Baker v. Kaiser, 929 F.2d 1495, 1498-99 (10th Cir.1991) (right to counsel extends through first appeal as of right). 6 .
discussed
Cited "see"
Beets v. Collins
See Johnston v. Mizell, 912 F.2d 172, 177 (7th Cir. 1990), cert. denied, 498 U.S. 1094 , 111 S.Ct. 982 (1991) ("Cuyler presumption of prejudice cannot be applied blindly to every ineffective assistance of counsel claim involving a conflict of interest"); Williams v. Calderon, 52 F.3d 1465, 1473 , 1995 WL 150857 at *5 (9th Cir. 1995) (Cuyler does not extend to defendant's claim that pro bono attorney was burdened with impermissible conflict under Cuyler because payment for additional investigative and psychiatric services would have had to come out of lawyer's own pocket); United States v. Zack…
discussed
Cited "see"
United States v. Anthony P. Fairchild
See United States v. Garcia, 924 F.2d 925, 926 (9th Cir.) (motion not timely when it was submitted six days before trial without an explanation regarding why the need for new counsel had not been apparent earlier), cert. denied, 111 S.Ct. 982 (1991). 17 Second, the district court's inquiry into Fairchild's complaint satisfies the second prong of the Walker test: the adequacy of the district court's inquiry into the accused's complaint.
cited
Cited "see"
United States v. Freeman Baxley
See United States v. Keller, 912 F.2d 1058, 1060-61 (9th Cir.1990), cert. denied, — U.S. —, 111 S.Ct. 982 , 112 L.Ed.2d 1067 (1991).
discussed
Cited "see, e.g."
Castell v. Com.
See, e.g., United States v. Keller, 912 F.2d 1058, 1060 (9th Cir.1990) (holding that a defendant who failed to report to his place of confinement at the appointed time escaped from custody), cert. denied, 498 U.S. 1095 , 111 S.Ct. 982 , 112 L.Ed.2d 1067 (1991); United States v. Peterson, 592 F.2d 1035, 1037 (9th Cir.1979) (holding that a defendant who failed to report to the United States Marshal immediately after sentencing escaped from custody); Murphy v. United States, 481 F.2d 57, 60-61 (8th Cir.1973) (holding that a prisoner in jail escaped from custody even though he was not in the actua…
discussed
Cited "see, e.g."
King v. State
See also, Johnston v. Mizell , 912 F.2d 172 , 176 (7th Cir. 1990), cert. denied, ___ U.S. ___, 111 S.Ct. 982 , 112 L.Ed.2d 1067 (1991) ("[i]n Illinois, a post-trial motion for a new trial is a critical stage in criminal proceedings"); but cf., U.S. v. Tajeddini , 945 F.2d 458 , 470 (1st Cir. 1991), cert. denied, ___ U.S. ___, 112 S.Ct. 3009 , 120 L.Ed.2d 883 (1992) ("[f]ederally convicted defendant is not entitled under the Criminal Justice Act, 18 U.S.C. § 3006 A, or the Sixth Amendment, to appointment of counsel on a motion for new trial").
Retrieving the full opinion text from the archive…
Johnston
v.
Mizell, Warden
v.
Mizell, Warden
No. 90-6294.
Supreme Court of the United States.
Feb 19, 1991.
Published
Citer courts: Fifth Circuit (1)
C. A. 7th Cir. Certiorari denied.