green
Positive treatment
Quoted verbatim 2×
7.8 score
G Cite
cited 2× by 2 distinct cases, last quoted 1978 ·
…it has not been contended that the question is one upon which federal courts must look to state law.
⚠ not in text
Treatment trajectory · 1976 → 2026 · click a year to view as-of
1976
2001
2026
Top citers, strongest first. 28 distinct citers.
How cited ↗
discussed
Cited "but see"
People v. McDonald
Initially, we note that the potential for conflict is far greater here, counsel’s representation of the accused and the victim being concurrent, than in Lombardo , where counsel had terminated his representation of the victim before the trial of the accused (see, People v Wilkins, 28 NY2d, at p 56 , supra; but see, United States v Jeffers, 520 F2d 1256, 1263-1264, and n 13, cert denied 423 US 1066 [even though prior representation of witness has ended, the attorney may have a pecuniary interest in possible future business that may cause him to avoid vigorous cross-examination]).
discussed
Cited "but see"
New Jersey Education Ass'n v. Burke
it has not been contended that the question is one upon which federal courts must look to state law.
discussed
Cited "but see"
New Jersey Education Association v. Fred G. Burke
(2×)
also: Cited "see"
it has not been contended that the question is one upon which federal courts must look to state law.
examined
Cited "but see"
People v. Meng
(3×)
App.3d 367 , 287 N.E.2d 517 ; People v. Brown, 40 Ill.App.3d 562 , 352 N.E.2d 15 ; People v. Wyatt, 47 Ill.App.3d 582 , 5 Ill.Dec. 809 , 362 N.E.2d 122 .) As the court stated in People v. Meyers, 46 Ill.2d 149, 152 , 263 N.E.2d 81, 82 , in commenting on Stoval : "In that case, it was at least a matter of some conjecture as to whether the attorney's loyalty would be divided simply by a subconscious deference to the presumed desires of the victim, a fee-paying client." But by applying a per se conflict of interest rule, due recognition is given to the fact that it is almost impossible for a cour…
discussed
Cited "see"
Commonwealth v. Tharp
(2×)
See Commonwealth v. Munson, 419 Pa.Super. 238 , 615 A.2d 343, 347 (1992) (citing United States v. Jeffers, 520 F.2d 1256, 1264-1265 (7th Cir.1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976)) (holding that where the alleged conflict of interest is based on prior representation of a prosecution witness, the following two factors arguably may interfere with effective cross-examination, and, thus, effective assistance of counsel: (1) the concern that the lawyer’s pecuniary interest in potential future business may cause him to avoid vigorous cross-examination which might…
cited
Cited "see"
Bailey v. Internal Revenue Service
See Scoggin v. Schrunk, 522 F.2d 436, 437 (9th Cir.1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 807 , 46 L.Ed.2d 657 (1976).
discussed
Cited "see"
Austin v. State
(2×)
See Code of Professional Responsibility, Canon 4 & DR 4-101(B)(2). ‘The more difficult problem which may arise is the danger that counsel may overcompensate and fail to cross-examine fully for fear of misusing his confidential information.’ United States v. Jeffers, 520 F.2d 1256, 1265 (7th Cir.1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976). *388 “A conflict of interest would also exist where one attorney represents co-defendants, and one defendant agrees to provide evidence against the other in return for an advantageous plea bargain.
discussed
Cited "see"
Donald F. Stumpf v. Roger v. Endell, Commissioner
See Allen v. McCurry, 449 U.S. 90, 96-97 (1980). "[W]here the federal constitutional claim is based on the same asserted wrong as was the subject of a state action, and where the parties are the same res judicata will bar the federal constitutional claim whether it is asserted in state court or not...." Scoggin v. Schrunk, 522 F.2d 436, 437 (9th Cir.1975), cert. denied, 423 U.S. 1066 (1976); accord Migra v. Warren City Sch.
examined
Cited "see"
Samuel B. Cerro v. United States
(4×)
See United States v. Jeffers, 520 F.2d 1256 , 1263 n. 11 (7th Cir.1975), cer t. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976).
discussed
Cited "see"
In re Paradyne Corp.
(2×)
See United States v. Jeffers, 520 F.2d 1256, 1265 (7th Cir.1975) (Stevens, J.), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976); United States v. White, 743 F.2d 488, 496 (7th Cir.1984) (Flaum, J., concurring) (witness must "take the stand and refuse to answer any questions that he perceives violate his privilege”). .
discussed
Cited "see"
In Re Paradyne Corporation, John D. Applegate, Kenneth M. Barry, Verney L. Brown, Francis A. Dolan, Cletus L. Gardenhour, George B. Pressly, Jorge O. Suarez, and Robert S. Wiggins, in Re F. William Siegrist
(2×)
See United States v. Jeffers, 520 F.2d 1256, 1265 (7th Cir.1975) (Stevens, J.), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976); United States v. White, 743 F.2d 488, 496 (7th Cir.1984) (Flaum, J., concurring) (witness must "take the stand and refuse to answer any questions that he perceives violate his privilege") 11 Nor, contrary to the government's assertions, is the ethical dilemma faced by counsel for Siegrist irresolvable.
cited
Cited "see"
Commonwealth v. Walter
See United States v. Jeffers, 520 F.2d 1256, 1261-1267 (7th Cir. 1975), cert. denied, 423 U.S. 1066 (1976).
discussed
Cited "see"
United States v. Joseph Vincent Agosto, United States of America v. Deil Otto Gustafson, United States of America v. Joan Lorrain Norris
See United States v. Jeffers, 520 F.2d 1256, 1266 (7th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 423 , 46 L.Ed.2d 656 (1976); Tague, Multiple Representation and Confíicts of Interest in Criminal Cases, 67 Geo.L.J. 1075, 1115 (1979). 8 .
cited
Cited "see"
United States v. Donald Joe Shepard and Billy Clinton Caldwell
See United States v. Jeffers, 520 F.2d 1256, 1264-1265 (7th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. *980 423, 46 L.Ed.2d 656 (1976).
discussed
Cited "see"
Nichol v. State
(2×)
See United States v. Jeffers, 520 F.2d 1256, 1264-65 (7th Cir. 1975), cert. denied 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976); Cosgrove, 304 N.W.2d at 186-87 .
discussed
Cited "see"
Schiavulli v. Aubin
See Ramirez Pluguez v. Cole, 571 F.2d at 71 ; accord Scoggin v. Schrunk, 522 F.2d 436, 437 (9th Cir.), cert. denied, 423 U.S. 1066 , 96 S.Ct. 807 , 46 L.Ed.2d 657 (1975); Spence v. Latting, 512 F.2d 93, 98 (10th Cir.), cert. denied, 423 U.S. 896 , 96 S.Ct. 198 , 46 L.Ed.2d 129 (1975).
discussed
Cited "see"
Pinkerton v. State
(2×)
See, United States v. Jeffers , 520 F.2d 1256 (7th Cir. 1975), cert. denied , 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976); United States v. Cochran , 499 F.2d 380 (5th Cir. 1974); United States v. Donatelli , 484 F.2d 505 (1st Cir. 1973); United States v. Alberti , 470 F.2d 878 (2d Cir. 1972), cert. denied , 411 U.S. 919 , 93 S.Ct. 1557 , 36 L.Ed.2d 311 , and sub nom.
cited
Cited "see"
Ronald Bradley v. William G. Milliken, Governor, and Board of Education of the School District of the City of Detroit
See Keyes v. Denver School District No. 1, 521 F.2d- 465, 480 (10th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 806 , 46 L.Ed.2d 657 (1976).
discussed
Cited "see"
Eusebia Fernandez Etc. v. Honorable Jose Trias Monge Etc.
Accord Scoggin v. Schrunk, 522 F.2d 436 (9th Cir. 1975), cert, denied, 423 U.S. 1066 , 96 S.Ct. 807 , 46 L.Ed.2d 657 (1976); Spence v. Latting, 512 F.2d 93, 98 (10th Cir.), cert, denied, 423 U.S. 896 , 96 S.Ct. 198 , 46 L.Ed.2d 129 (1975).
discussed
Cited "see"
State v. Theodore
Id., slip op. at 8; accord, United States v. Jeffers, 520 F.2d 1256 (7th Cir. 1975), cert. denied, 423 U.S. 1066 (1976); see Annot., 27 A.L.R.3d 1431 , § 4 (1969 & Supp. 1977) (collecting cases). *551 The record indicates that although defense counsel had in the past represented prosecution witness Fedorchuk in a proceeding arising out of the same facts as those alleged in this case, the witness had been convicted and had already served his prison sentence before the instant trial began.
discussed
Cited "see"
United States v. Joseph J. C. Dicarlo and Ronald C. MacKenzie
(2×)
Id. at 106; see United States v. Jeffers, 7 Cir., 1975, 520 F.2d 1256 , cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 ; United States v. Donatelli, 1 Cir., 1973, 484 F.2d 505 .
discussed
Cited "see"
Valerio v. Boise Cascade Corp.
Accord, Scoggin v. Schrunk, 522 F.2d 436, 437 (9th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 807 , 46 L.Ed.2d 657 (1976) (prior judgment “serves not only to bar every claim that was raised in state court but also to preclude the assertion of every legal theory or ground for recovery that might have been raised in support of the granting of the desired relief.”); cf. Restatement of Judgments § 61(1) (Tent.
discussed
Cited "see"
Coleman v. Scheve
Accord, Scoggin v. Schrunk, 344 F.Supp. 463 (D.Ore.1971), rev’d on other grounds, 622 F.2d 436 (9th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 807 , 46 L.Ed.2d 657 (1976); Johnson v. Hock, 19 Ariz.App. 283 , 506 P.2d 1068 (1973); Laz v. Southwestern Land Co., 97 Ariz. 69 , 397 P.2d 52 (1964) (en banc); Chapin v. Aylward, 204 Kan. 448 , 464 P.2d 177 (1970); Pierce v. Bd. of County Comm’rs of Leavenworth County, 200 Kan. 74 , 434 P.2d 858 (1967).
discussed
Cited "see"
United States v. George R. Dreske
(2×)
See United States v. Jeffers, 520 F.2d 1256, 1268 (7th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 .
cited
Cited "see"
RAY CHARLES FIELDS v. MICHAEL PURDY, Warden
See Jeffers v. Chandler, 253 F.3d 827, 830-31 (5th Cir. 2001), cert. denied, 423 U.S. 1066 (2001).
discussed
Cited "see, e.g."
Anwar v. United States
(2×)
Three major potential areas of conflict arise: the attorney’s pecuniary interest in furthering his business relationship with the government witness may impair the attorney’s ability to cross-examine the witness zealously, see Shepard, 675 F.2d at 979 ; Model Code of Professional Responsibility Canon 7, DR 7-101, DR 5-101 (1984); the attorney “may misuse confidential information obtained from the [witness], or may fail to fully cross-examine for fear of misusing confidential information,” Shepard, 675 F.2d at 979 ; see also United States v. Jeffers, 520 F.2d 1256, 1264-65 (7th Cir.1975…
discussed
Cited "see, e.g."
Nicholas Theodore v. The State of New Hampshire
(2×)
See also United States v. Jeffers, 520 F.2d 1256 (7th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976) (failure of counsel to indicate to the trial court the nature of the alleged confidential information led to the conclusion that effective cross-examination was not precluded by the fact that defense counsel’s partner had represented prosecution witness).
discussed
Cited "see, e.g."
United States v. Lam Lek Chong, A/K/A Jimmy Lam
(2×)
See, e. g., United States v. Jeffers, 520 F.2d 1256 , 1269 & n.19 (7th Cir. 1975), cert. denied, 423 U.S. 1066 , 96 S.Ct. 805 , 46 L.Ed.2d 656 (1976); United States v. Gaynor, 472 F.2d 899 (2d Cir. 1973). 13 On the basis of excerpts of other statements made by the prosecutor during the four-week trial, which for the most part have been lifted out of context, appellants next argue that the overall effect was to violate their rights to a fair trial.
Retrieving the full opinion text from the archive…
Clark
v.
Hilliard
v.
Hilliard
No. 75-273.
Supreme Court of the United States.
Jan 12, 1976.
Cited by 78 opinions | Published
Citer courts: Third Circuit (2)
C. A. 6th Cir. Motion of respondent for leave to proceed in forma pau-peris granted. Certiorari denied.