8 Ohio opinions name it 2 courts 1988–2025 2 in the last five years
The cases below were cited by Ohio courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Solon v. Depewgreen1 sentence2025A “conflict of interest” is a term of art illustrating “‘a situation in which regard for one duty tends to lead to disregard for another.’” State v. Hope, 2019- Ohio-2174, ¶ 107 (11th Dist.), quoting State v. Manross, 40 Ohio St.3d 180, 182 (1988). “‘The possibility of a conflict of interest exists when counsel has reason to further or serve interests that are different from those of his client.’” Jackson at ¶ 38 , quoting Solon v. Depew, 2023-Ohio-304, ¶ 19 (8th Dist.), citing State ex rel. | 1 | 1 |
United States v. Joseph P. Faheygreen1 sentence2025Further, a defendant alleging a conflict of interest claim “ ‘ “must establish that the alternative defense was inherently in conflict with or not undertaken due to the attorney’s other loyalties or interests.” ’ ” Jackson at ¶ 13 , quoting Gillard at 553, quoting United States v. Fahey, 769 F.2d 829, 836 (1st Cir. 1985). {¶ 38} Although Mr. Johnson does not dispute that Mr. Basnett did not recall previously representing Mr. Pace at the time of Mr. Johnson’s trial in 2008, he nonetheless maintains that Mr. Basnett’s prior representation of Mr. Pace impacted his right to the assistance of effec | 1 | 1 |
State v. Manrossgreen1 sentence2025A “conflict of interest” is a term of art illustrating “‘a situation in which regard for one duty tends to lead to disregard for another.’” State v. Hope, 2019- Ohio-2174, ¶ 107 (11th Dist.), quoting State v. Manross, 40 Ohio St.3d 180, 182 (1988). “‘The possibility of a conflict of interest exists when counsel has reason to further or serve interests that are different from those of his client.’” Jackson at ¶ 38 , quoting Solon v. Depew, 2023-Ohio-304, ¶ 19 (8th Dist.), citing State ex rel. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Ohio. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
United States v. Herman Mers, Lester Mers, Randy James Myers, Paul J. Ferrante
green
1 sentence2014Stark Nos. 2007-CA-00041, 2007- CA-00077, 2008-Ohio-1068, ¶76 . {¶61} In Foltz, the United States Court of Appeals for the Sixth Circuit adopted the following test when a conflict of interest claim is raised, The standard for determining whether an actual conflict of interest exists was set forth in United States v. Mers, 701 F.2d 1321 (11th Cir.), cert. denied, 464 U.S. 991 , 104 S.Ct. 482 , 78 L.Ed.2d 679 (1983), as follows: We will not find an actual conflict unless appellants can point to “specific instances in the record to suggest an actual conflict or impairment of their interests...” A | 1 | 2014–2014 |
Block v. Community Nutrition Institute
green
1 sentence2014Stark Nos. 2007-CA-00041, 2007- CA-00077, 2008-Ohio-1068, ¶76 . {¶61} In Foltz, the United States Court of Appeals for the Sixth Circuit adopted the following test when a conflict of interest claim is raised, The standard for determining whether an actual conflict of interest exists was set forth in United States v. Mers, 701 F.2d 1321 (11th Cir.), cert. denied, 464 U.S. 991 , 104 S.Ct. 482 , 78 L.Ed.2d 679 (1983), as follows: We will not find an actual conflict unless appellants can point to “specific instances in the record to suggest an actual conflict or impairment of their interests...” A | 1 | 2014–2014 |
Hardrich v. United States
green
1 sentence2014Stark Nos. 2007-CA-00041, 2007- CA-00077, 2008-Ohio-1068, ¶76 . {¶61} In Foltz, the United States Court of Appeals for the Sixth Circuit adopted the following test when a conflict of interest claim is raised, The standard for determining whether an actual conflict of interest exists was set forth in United States v. Mers, 701 F.2d 1321 (11th Cir.), cert. denied, 464 U.S. 991 , 104 S.Ct. 482 , 78 L.Ed.2d 679 (1983), as follows: We will not find an actual conflict unless appellants can point to “specific instances in the record to suggest an actual conflict or impairment of their interests...” A | 1 | 2014–2014 |
Shope v. Heckler
green
1 sentence2014Stark Nos. 2007-CA-00041, 2007- CA-00077, 2008-Ohio-1068, ¶76 . {¶61} In Foltz, the United States Court of Appeals for the Sixth Circuit adopted the following test when a conflict of interest claim is raised, The standard for determining whether an actual conflict of interest exists was set forth in United States v. Mers, 701 F.2d 1321 (11th Cir.), cert. denied, 464 U.S. 991 , 104 S.Ct. 482 , 78 L.Ed.2d 679 (1983), as follows: We will not find an actual conflict unless appellants can point to “specific instances in the record to suggest an actual conflict or impairment of their interests...” A | 1 | 2014–2014 |
State v. Jones, 2007-Ca-00041 (3-10-2008)
green
1 sentence2014Stark Nos. 2007-CA-00041, 2007- CA-00077, 2008-Ohio-1068, ¶76 . {¶61} In Foltz, the United States Court of Appeals for the Sixth Circuit adopted the following test when a conflict of interest claim is raised, The standard for determining whether an actual conflict of interest exists was set forth in United States v. Mers, 701 F.2d 1321 (11th Cir.), cert. denied, 464 U.S. 991 , 104 S.Ct. 482 , 78 L.Ed.2d 679 (1983), as follows: We will not find an actual conflict unless appellants can point to “specific instances in the record to suggest an actual conflict or impairment of their interests...” A | 1 | 2014–2014 |
State v. Lambros
green
1 sentence2006State v. Lambros (1988), 44 Ohio App.3d 102 , 103 . {¶ 13} In his first assignment of error, Fairrow contends that the trial court abused its discretion in overruling his motion to withdraw his guilty plea when the original plea agreement involved another case that resulted in a conflict of interest for defense counsel. | 1 | 2006–2006 |
Strickland v. Washington
green
2 sentences2002Id. at 695 . `A reasonable probability is a probability sufficient to undermine confidence in an outcome.' Id. at 694 . {¶ 93} We have already determined that there is nothing in the record to indicate there was a conflict of interest in defense counsel's dual representation of appellant and Cogan. 2002Id. at 695 . `A reasonable probability is a probability sufficient to undermine confidence in an outcome.' Id. at 694 . {¶ 93} We have already determined that there is nothing in the record to indicate there was a conflict of interest in defense counsel's dual representation of appellant and Cogan. | 1 | 2002–2002 |
State v. Castro
green
1 sentence1997"The doctrine of res judicata is applicable to consecutive postconviction proceedings; therefore, an issue raised in a prior proceeding is res judicata for the purpose of subsequent postconviction proceedings." State v. Castro (1979), 67 Ohio App.2d 20 , syllabus. | 1 | 1997–1997 |
State v. Gillard
green
2 sentences1996State v. Gillard (1992), 64 Ohio St.3d 304 , 595 N.E.2d 878 . 1996State v. Gillard (1992), 64 Ohio St.3d 304 , 595 N.E.2d 878 . | 1 | 1996–1996 |
Holloway v. Arkansas
green
2 sentences1988In Holloway v. Arkansas (1978), 435 U.S. 475 , the court described the difficulty of demonstrating the second element of the Strickland test, prejudice, in a conflict-of-interest claim. 1988In this regard Holloway states as follows: “[I]n a case 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 possible pretrial plea negotiations and in the sentencing process.” (Emphasis sic.) Holloway, supra, at 490 . | 1 | 1988–1988 |
Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.