Conflicts of Interest - Revision history

Ibjadmin: /* Conflict is Raised After Trial */

2010-11-22T13:37:33Z

Conflict is Raised After Trial

← Older revision		Revision as of 15:37, 22 November 2010
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	In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''. A conflict of interest can be raised on direct appeal or by any method of collateral review such as [[Right to Habeas Corpus \| habeas corpus]].		In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''. A conflict of interest can be raised on direct appeal or by any method of collateral review such as [[Right to Habeas Corpus \| habeas corpus]].

	*'''[[Joint Representation\|Co-defendants]]''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		*'''[[Joint Representation of Criminal Defendants\|Co-defendants]]''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.

	* '''Violation of Duty of Loyalty''' - A gross violation of the duty of loyalty may create an actual conflict of interest. In one case a conflict was found when the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.<ref>In State v. Jones, 278 Mont. 121 (1996)</ref>		* '''Violation of Duty of Loyalty''' - A gross violation of the duty of loyalty may create an actual conflict of interest. In one case a conflict was found when the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.<ref>In State v. Jones, 278 Mont. 121 (1996)</ref>

Ibjadmin: /* Conflict is Raised After Trial */

2010-11-19T15:05:35Z

Conflict is Raised After Trial

← Older revision		Revision as of 17:05, 19 November 2010
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	In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''. A conflict of interest can be raised on direct appeal or by any method of collateral review such as [[Right to Habeas Corpus \| habeas corpus]].		In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''. A conflict of interest can be raised on direct appeal or by any method of collateral review such as [[Right to Habeas Corpus \| habeas corpus]].

	*'''Co-defendants''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		*'''[[Joint Representation\|Co-defendants]]''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.

	* '''Violation of Duty of Loyalty''' - A gross violation of the duty of loyalty may create an actual conflict of interest. In one case a conflict was found when the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.<ref>In State v. Jones, 278 Mont. 121 (1996)</ref>		* '''Violation of Duty of Loyalty''' - A gross violation of the duty of loyalty may create an actual conflict of interest. In one case a conflict was found when the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.<ref>In State v. Jones, 278 Mont. 121 (1996)</ref>

Ibjadmin: /* Waiver */

2010-08-06T15:24:52Z

Waiver

← Older revision		Revision as of 17:24, 6 August 2010
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	The trial court has discretion in determining whether a conflict of interest is, or is not, waivable. <ref> Wheat v. United States, 486 U.S. 153 (1988)</ref>		The trial court has discretion in determining whether a conflict of interest is, or is not, waivable. <ref> Wheat v. United States, 486 U.S. 153 (1988)</ref>




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Ibjadmin: /* Conflict is Raised Prior to or During Trial */

2010-08-06T15:24:40Z

Conflict is Raised Prior to or During Trial

← Older revision		Revision as of 17:24, 6 August 2010
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	In thise case, the judge will examine the conflict to determine whether a conflict of interest '''potentially exists'''.		In thise case, the judge will examine the conflict to determine whether a conflict of interest '''potentially exists'''.

	A ''potential conflict" is one in which there is a significant risk that representation of the client will be materially limited by the criminal defense lawyers representation of a co-defendant, former client, third person, or personal interest.		A '''potential conflict''' is one in which there is a significant risk that representation of the client will be materially limited by the criminal defense lawyers representation of a co-defendant, former client, third person, or personal interest.

	=Conflict is Raised After Trial=		=Conflict is Raised After Trial=

Ibjadmin: /* Conflict is Raised Prior to or During Trial */

2010-08-06T15:24:21Z

Conflict is Raised Prior to or During Trial

← Older revision		Revision as of 17:24, 6 August 2010
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	A conflict if interest can be raised by the defendant or any other party at trial including the prosecutor or even, in theory, the judge.		A conflict if interest can be raised by the defendant or any other party at trial including the prosecutor or even, in theory, the judge.
	In thise case, the judge will examine the conflict to determine whether a conflict of interest '''potentially exists'''.		In thise case, the judge will examine the conflict to determine whether a conflict of interest '''potentially exists'''.

			A ''potential conflict" is one in which there is a significant risk that representation of the client will be materially limited by the criminal defense lawyers representation of a co-defendant, former client, third person, or personal interest.

	=Conflict is Raised After Trial=		=Conflict is Raised After Trial=

Ibjadmin: /* Conflict is Raised Prior to or During Trial */

2010-08-06T15:22:56Z

Conflict is Raised Prior to or During Trial

← Older revision		Revision as of 17:22, 6 August 2010
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	=Conflict is Raised Prior to or During Trial=		=Conflict is Raised Prior to or During Trial=
	A conflict if interest can be raised by the defendant or any other party at trial including the prosecutor or even, in theory, the judge.		A conflict if interest can be raised by the defendant or any other party at trial including the prosecutor or even, in theory, the judge.
			In thise case, the judge will examine the conflict to determine whether a conflict of interest '''potentially exists'''.

	=Conflict is Raised After Trial=		=Conflict is Raised After Trial=

Ibjadmin: /* Conflict is Raised After Trial */

2010-08-06T15:22:10Z

Conflict is Raised After Trial

← Older revision		Revision as of 17:22, 6 August 2010
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	=Conflict is Raised After Trial=		=Conflict is Raised After Trial=
	In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''.		In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''. A conflict of interest can be raised on direct appeal or by any method of collateral review such as [[Right to Habeas Corpus \| habeas corpus]].

	*'''Co-defendants''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		*'''Co-defendants''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.

Ibjadmin: /* Conflict is Raised After Trial */

2010-08-06T15:21:11Z

Conflict is Raised After Trial

← Older revision		Revision as of 17:21, 6 August 2010
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	In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''.		In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''.

	'''Co-defendants'''		*'''Co-defendants''' - A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.

	A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		* '''Violation of Duty of Loyalty''' - A gross violation of the duty of loyalty may create an actual conflict of interest. In one case a conflict was found when the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.<ref>In State v. Jones, 278 Mont. 121 (1996)</ref>

	'''Violation of Duty of Loyalty'''

	A gross violation of the duty of loyalty may create an actual conflict of interest. In ~~State v. Jones, 278 Mont. 121 (1996),~~ the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.

	=Waiver=		=Waiver=

Ibjadmin: /* Conflict is Raised After Trial */

2010-08-06T15:20:04Z

Conflict is Raised After Trial

← Older revision		Revision as of 17:20, 6 August 2010
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	'''Co-defendants'''		'''Co-defendants'''

	A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.

			'''Violation of Duty of Loyalty'''

			A gross violation of the duty of loyalty may create an actual conflict of interest. In State v. Jones, 278 Mont. 121 (1996), the defense attorney informed the court that his client intended to commit perjury after the client informed him during a confidential interview that he was thinking of committing perjury.

	=Waiver=		=Waiver=

Ibjadmin: /* Conflict is Raised After Trial */

2010-08-06T15:16:14Z

Conflict is Raised After Trial

← Older revision		Revision as of 17:16, 6 August 2010
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	In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''.		In many cases a conflict of interest will not be discovered until the defendant has already been convicted at trial. In thise case, the judge will examine the conflict to determine whether a conflict of interest '''actually existed'''.

			'''Co-defendants'''
	A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.		A conflict of interest actually exists when one criminal defense attorney represents two co-defendants who have adverse interests. As a practical matter it is possible that one attorney can represent multiple defendants on the same charge. However, in practice this is very difficult.