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Criminal Procedure — Ineffective assistance — conflict of interest
By: WISCONSIN LAW JOURNAL STAFF//November 19, 2014//
Criminal Procedure — Ineffective assistance — conflict of interest
By: WISCONSIN LAW JOURNAL STAFF//November 19, 2014//
Listen to this articleU.S. Court of Appeals For the Seventh Circuit
Criminal
Criminal Procedure — Ineffective assistance — conflict of interest
Where the defendant’s attorney did not find out he was under federal investigation until after he finished representing the defendant, there was no conflict of interest.
“The principles governing our decision are well-settled. The Sixth Amendment right to counsel includes the right to Conflict-free counsel. Wood v. Georgia, 450 U.S. 261, 271 (1981); United States v. Hubbard, 22 F.3d 1410, 1418 (7th Cir. 1994). Here, there does not appear to be even a possibility of a conflict of interest in light of the district court’s finding that Mr. Brindley was unaware of the investigation until many months after his role in the appeal was complete.”
Motion denied.
13-1375 U.S. v. Smith
Appeal from the United States District Court for the Southern District of Illinois, Gilbert, J., Per Curiam
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