famous conflict of interest cases

Pp. 435 U.S., at 477. The case was presented and argued on the assumption that (absent some exception for failure to inquire) Sullivan would be applicable--requiring a showing of defective performance, but not requiring in addition (as Strickland does in other ineffectiveness-of-counsel cases), a showing of probable effect upon the outcome of trial. as in the case of Apple. Cf. January 23, 2010. 2d, at 613-615; see n.1, supra. Williams v. Reed, 29 F.Cas. Most Courts of Appeals, however, have applied Sullivan to claims of successive representation as well as to some insidious conflicts arising from a lawyer's self-interest. See id., at 274, n. 21 (majority opinion). "2 Id., at 346. Whether Sullivan should be extended to such cases remains, as far as the jurisprudence of this Court is concerned, an open question. Holloway v. Arkansas, 435 U.S. 475, 490-491 (1978). Any changes made can be done at any time and will become effective at the end of the trial period, allowing you to retain full access for 4 weeks, even if you downgrade or cancel. "[W]hen a defendant chooses to have a lawyer manage and present his case, law and tradition may allocate to the counsel the power to make binding decisions of trial strategy in many areas. Had Saunders objected to the appointment, Mickens would at least have been apprised of the conflict. The majority rejected petitioner's argument that the juvenile court judge's failure to inquire into a potential conflict either mandated automatic reversal of his conviction or relieved him of the burden of showing that a conflict of interest adversely affected his representation. This record suggested that the employer's interest in establishing a favorable equal-protection precedent (reducing the fines he would have to pay for his indigent employees in the future) diverged from the defendants' interest in obtaining leniency or paying lesser fines to avoid imprisonment. Holloway thus creates an automatic reversal rule only where defense counsel is forced to represent codefendants over his timely objection, unless the trial court has determined that there is no conflict. Compare 240 F.3d 348, 357 (CA4 2001) (en banc), with Tr. 446 U.S., at 349-350 (emphasis added).4 This is the only interpretation consistent with the Wood Court's earlier description of why it could not decide the case without a remand: "On the record before us, we cannot be sure whether counsel was influenced in his basic strategic decisions by the interests of the employer who hired him. 3-14. The state judge was therefore obliged to look further into the extent of the risk and, if necessary, either secure Mickens's knowing and intelligent assumption of the risk or appoint a different lawyer. Justice Breyer, with whom Justice Ginsburg joins, dissenting. As we unambiguously stated in Wood, "Sullivan mandates a reversal when the trial court has failed to make an inquiry even though it `knows or reasonably should know that a particular conflict exists.' Williams v. Reed, 29 F.Cas. You may change or cancel your subscription or trial at any time online. Saunders could not have failed to see that the mother's statement should be rebutted, and there is no apparent explanation for his failure to offer the rebuttal he knew, except that he had obtained the information as the victim's counsel and subject to an obligation of confidentiality. 2d, at 613-615. Cuyler, 446 U.S., at 348 ("[A] defendant who raised no objection at trial must demonstrate that an actual conflict of interest adversely affected his lawyer's performance" (footnote omitted)). For the reasons stated, the judgment of the Court of Appeals is. We are angry about paying the highest income taxes and property taxes in the nation and getting less and less for it. Three weeks before trial, counsel moved for separate representation; the court held a hearing and denied the motion. From the Court's vantage point, another compelling reason for suspecting a conflict of interests was the fact that the employer apparently paid for the appeal, in which counsel argued the equal protection question only, id., at 267, n.11; but, of course, this would have been unknown to the judge at the revocation hearing. What is clear from Strickland and Holloway is that the right against ineffective assistance of counsel has as much to do with public confidence in the professionalism of lawyers as with the results of legal proceedings. The employer had promised his employees he would pay their fines, and had generally kept that promise but had not done so in these defendants' case. 1824). The majority's position is error, resting on a mistaken reading of our cases. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Stay up-to-date with FindLaw's newsletter for legal professionals. The Court's rule makes no sense unless, that is, the real point of this case is to eliminate the judge's constitutional duty entirely in no-objection cases, for that is certainly the practical consequence of today's holding. Von Moltke, 322 U.S., at 722. While a defendant can fairly be saddled with the characteristically difficult burden of proving adverse effects of conflicted decisions after the fact when the judicial system was not to blame in tolerating the risk of conflict, the burden is indefensible when a judge was on notice of the risk but did nothing. Careful attention to Wood shows that the case did not involve prospective notice of risk unrealized, and that it held nothing about the general rule to govern in such circumstances. Attorney's Conflict of Interest Sent His Client to Death Row William Clark & Bobby Segall March 10, 2019 04:22:50 pm Edited by: Patrick Sherry JURIST Guest Columnists William Clark and Bobby Segall discuss the potential ramifications of an Alabama lawyer putting his own interests above those of his client . personalising content and ads, providing social media features and to We support credit card, debit card and PayPal payments. Brief for United States 9, 26-27. Justice Stevens asserts that this reading (and presumably Justice Souter's reading as well, post, at 13), is wrong, post, at 9; that Wood only requires petitioner to show that a real conflict existed, not that it affected counsel's performance, post, at 9-10. And the Holloway Court said that once a conflict objection is made and unheeded, the conviction "must be reversed . It must be said, however, that the language of Sullivan itself does not clearly establish, or indeed even support, such expansive application. These facts, and others relied upon by the District Court, provide compelling evidence that a theoretical conflict does not establish a constitutional violation, even when the conflict is one about which the trial judge should have known. A revelation that a trusted advocate could not place his client's interest above the interests of self and others in the satisfaction of his professional responsibilities will destroy that confidence, regardless of outcome. Our role is to defer to the District Court's factual findings unless we can conclude they are clearly erroneous. The constitutional question must turn on whether trial counsel had a conflict of interest that hampered the representation, not on whether the trial judge should have been more assiduous in taking prophylactic measures. Hence, if an investment bank takes any actions which are in their own interest but not in the interest of their client, then such an action can be called a "conflict of interest.". Counsel made no objection to the multiple representation before or during trial, ibid. 3 Ibid. With no objection on record, a convicted defendant can get no relief without showing adverse effect, minimizing the possibility of a later reversal and the consequent inducement to judicial care.11 This makes no sense. According to the District Court, there was no plausible argument that the victim consented to sexual relations with his murderer, given the bruises on the victim's neck, blood marks showing the victim was stabbed before or during sexual intercourse, and, most important, petitioner's insistence on testifying at trial that he had never met the victim. For example, a public official might regulate a close friend or family member's company with a more relaxed hand than their competitors; or a law firm partner might . The Government contends that not requiring a showing of adverse effect in no-objection cases would "provide the defense with a disincentive to bring conflicts to the attention of the trial court, since remaining silent could afford a defendant with a reliable ground for reversal in the event of conviction." The majority and dissenting opinions dispute the meaning of these cases as well. Finally, in Wood v. Georgia, 450 U.S. 261 (1981), three indigent defendants convicted of distributing obscene materials had their probation revoked for failure to make the requisite $500 monthly payments on their $5,000 fines. 33,34 Second, social science and behavior economic research on pharmaceutical industry practices have indicated that gifts of any size create feelings of obligation to reciprocate and that judgments are Wood simply followed and confirmed the pre-existing scheme established by Holloway and Cuyler. Sullivan, the defendant at the first trial, had consented to joint representation by the same lawyers retained by the two other accused, because he could not afford counsel of his own. Unless it appears that there is good cause to believe no conflict of interest is likely to arise, the court shall take such measures as may be appropriate to protect each defendant's right to counsel.". In checking for potential conflicts of interest (COI), the SRO cast a wider net and found something troubling. Since this was not a case in which (as in Holloway) counsel protested his inability simultaneously to represent multiple defendants; and since the trial court's failure to make the Sullivan-mandated inquiry does not reduce the petitioner's burden of proof; it was at least necessary, to void the conviction, for petitioner to establish that the conflict of interest adversely affected his counsel's performance. The suppression of communication and truncated investigation that would unavoidably follow from such a decision would also make it difficult, if not altogether impossible, to establish the necessary level of trust that should characterize the "delicacy of relation" between attorney and client.2. This seems to us less a categorical rule of decision than a restatement of the issue to be decided. The Sixth Amendment protects the defendant against an ineffective attorney, as well as a conflicted one. At the guilt phase, the trial court judge instructed Mickens' jury as follows: "If you find that the Commonwealth has failed to prove beyond a reasonable doubt that the killing occurred in the commission of, or subsequent to, attempted forcible sodomy . A look at the case of U.K. entity HS2, the taxpayer-owned company building Britain's new high-speed rail line, which recently revoked a key contract amid allegations of conflicts of interest involving the U.S. engineering firm CH2M. When conflict stems from honest and open listening, disagreement can be a good thing, say Francesca Gino and Julia Minson. Justice Souter's statement that "the signs that a conflict may have occurred were clear to the judge at the close of the probation revocation proceeding," post, at 13--when it became apparent that counsel had neglected the "strategy more obviously in the defendants' interest, of requesting the court to reduce the fines or defer their collection," post, at 10--would more accurately be phrased "the effect of the conflict upon counsel's performance was clear to the judge at the close of the probation revocation proceeding.". See United States v. Cronic, 466 U.S. 648, 662, n.31 (1984) ("[W]e have presumed prejudice when counsel labors under an actual conflict of interest . Although the record does . This allocation can only be justified, however, by the defendant's consent, at the outset, to accept counsel as his representative. or Ethics Case Studies. If it were otherwise, the judge's duty would not be limited to cases where the attorney is suspected of harboring a conflict of interest. First, this is the kind of representational incompatibility that is egregious on its face. Consider this straightforward comment made by Justice Story in 1824: "An attorney is bound to disclose to his client every adverse retainer, and even every prior retainer, which may affect the discretion of the latter. App. 91-92, Comments 3 and 4 ("As a general proposition, loyalty to a client prohibits undertaking representation directly adverse to that client without that client's consent. The majority is thus mistaken in its claim that the State's objection sufficed to put the court on notice of a duty to enquire as to the particular conflict of interest to the Wood Court, see ante, at 7, n.2, unless the majority means to say that mention of any imagined conflict is sufficient to put a judge on notice of a duty to enquire into the full universe of possible conflicts. 1999). A rule that allows the State to foist a murder victim's lawyer onto his accused is not only capricious; it poisons the integrity of our adversary system of justice. Per the Center for Economic Policy Research, the following areas of financial services are especially prone to conflicts of interest: Underwriting and research in investment banking. Id., at 14-17. Whether the lawyer's failure to press more aggressively for leniency was caused by a conflicting interest, for example, had never been explored at the trial level and there was no record to consult on the point.8 In deciding what to do, the Wood Court had two established procedural models to look to: Holloway's procedure of vacating judgment9 when a judge had failed to enquire into a prospective conflict, and Cuyler's procedure of determining whether the conflict that may well have occurred had actually occurred with some adverse effect. United States v. Cronic, 466 U.S. 648, 653-654 (1984) ("`Of all the rights that an accused person has, the right to be represented by counsel is by far the most pervasive for it affects his ability to assert any other rights he may have'") (citation omitted)). The declaration made in year 2007 are all. And that is so. Brief for Legal Ethicists etal. Truthful disclosures of embarrassing or incriminating facts are contingent on the development of the client's confidence in the undivided loyalty of the lawyer. While the perceptive and conscientious lawyer (as in Holloway) needs nothing more than ethical duty to induce an objection, the venal lawyer is not apt to be reformed by a general rule that says his client will have an easier time reversing a conviction down the road if the lawyer calls attention to his own venality.10. 219-222. The. But in the majority's eyes, this conclusion takes insufficient account of Wood, whatever may have been the sensible scheme staked out by Holloway and Cuyler, with a defendant's burden turning on whether a court was apprised of a conflicts problem prospectively or retrospectively. Brief for Petitioner 21.3 He relies upon the language in the remand instruction directing the trial court to grant a new revocation hearing if it determines that "an actual conflict of interest existed," Wood, 450 U.S., at 273, without requiring a further determination that the conflict adversely affected counsel's performance. Holloway presumed, moreover, that the conflict, "which [the defendant] and his counsel tried to avoid by timely objections to the joint representation," id., at 490, undermined the adversarial process. No man can be supposed to be indifferent to the knowledge of facts, which work directly on his interests, or bear on the freedom of his choice of counsel. ; nor did the convicted defendant argue that the trial judge otherwise knew or should have known of the risk described in Holloway, that counsel's representation might be impaired by conflicting obligations to the defendants to be tried later, id., at 343. In place of the forsaken judicial obligation, we can expect more time-consuming post-trial litigation like this, and if this case is any guide, the added time and expense are unlikely to purchase much confidence in the judicial system.13. 10 The Battle Of Bloody Bayc.1480. But the Court also indicated that an objection is not required as a matter of law: "Unless the trial court knows or reasonably should know that a particular conflict exists, the court need not initiate an enquiry." February 22, 2013: Alan Lenczner, the lawyer who represented Mayor Rob Ford, is seeking just over $116,000 from the Toronto man who sued Ford for an alleged conflict of interest. As we have explained earlier, n.3, supra, this dictum simply contradicts the remand order in Wood. This duty was triggered either via defense counsel's objection, as was the case in Holloway, or some other "special circumstances" whereby the serious potential for conflict was brought to the attention of the trial court judge. Lest today's holding be misconstrued, we note that the only question presented was the effect of a trial court's failure to inquire into a potential conflict upon the Sullivan rule that deficient performance of counsel must be shown. Mickens' lawyer's violation of this fundamental obligation of disclosure is indefensible. Dretke, an infamous capital case involving racial discrimination in jury selection. The court nevertheless denied plaintiffs . 137, 149, 162, 169; that the area where Hall was killed was known for prostitution, id., at 169-170; and that there was no evidence that Hall was forced to the secluded area where he was ultimately murdered. This problem is typically found in . See Cuyler, supra, at 349. In addition to research, his lab also conducts contract testing for private firms and government organizations. Only one of the council members, Matt Grocott voted no, citing what he saw as a significant conflict of interest. Discussing the necessity of full disclosure to the preservation of the lawyer-client relationship, Justice Story stated: "I agree to the doctrine urged at the bar, as to the delicacy of the relation of client and attorney, and the duty of a full, frank, and free disclosure by the latter of every circumstance, which may be presumed to be material, not merely to the interests, but to the fair exercise of the judgment, of the client.". By "particular conflict" the Court was clearly referring to a risk of conflict detectable on the horizon rather than an "actual conflict" that had already adversely affected the defendant's representation. The 1MDB fund: from Malaysia to Hollywood 9. The same trial judge presided over each stage of these proceedings. As used in the remand instruction, "an actual conflict of interest" meant precisely a conflict that affected counsel's performance--as opposed to a mere theoretical division of loyalties. See Cuyler v. Sullivan, 446 U.S. 335 (1980)"). However, "a reviewing court cannot presume that the possibility for conflict has resulted in ineffective assistance of . The parties spend a great deal of time disputing how this Court's precedents of Holloway v. Arkansas, 435 U.S. 475 (1978), Cuyler v. Sullivan, 446 U.S. 335 (1980), and Wood v. Georgia, 450 U.S. 261 (1981), resolve the case. See Nix v. Whiteside, 475 U.S. 157, 165 (1986) ("[B]reach of an ethical standard does not necessarily make out a denial of the Sixth Amendment guarantee of assistance of counsel"). Third, the Commonwealth itself created the conflict in the first place. The lawyer who did represent him had a duty to disclose his prior representation of the victim to Mickens and to the trial judge. Wood, supra, at 272, n.18. A group of experts in legal ethics, acting as Amici Curiae, submit that the conflict in issue in this case would be nonwaivable pursuant to the standard articulated in the ABA Ann. In Wood, according to the majority, the trial court had notice, there was no objection on the record, and the defendant was required to show actual conflict and adverse effect. The majority does not expressly repudiate that duty, see ante, at 4-5, which is too clear for cavil. It is also the means of establishing a controversy." At some level, many employees may conclude that their own interests would be best served by doing as . To the extent the "mandates a reversal" statement goes beyond the assertion of mere jurisdiction to reverse, it is dictum--and dictum inconsistent with the disposition in Wood, which was not to reverse but to vacate and remand for the trial court to conduct the inquiry it had omitted. Id., at 282-283, and n.9 (dissenting opinion). For example, a conflict of interest would arise if one law firm tried to represent both parties in a divorce case. The vital guarantee of the Sixth Amendment would stand for little if the often uninformed decision to retain a particular lawyer could reduce or forfeit the defendant's entitlement to constitutional protection." In Cronic, we cited Holloway as an example of a case involving "surrounding circumstances [making] it so unlikely that any lawyer could provide effective assistance that ineffectiveness was properly presumed without inquiry into actual performance at trial." 422 U.S., at 820-821. Three are on point, Holloway v. Arkansas, supra; Cuyler v. Sullivan, supra; and Wood v. Georgia, supra. The defendant has the same burden to prove adverse effect (and the prospect of reversal is the same) whether the judge has no reason to know of any risk or every reason to know about it short of explicit objection.12 In that latter case, the duty explicitly described in Cuyler and Wood becomes just a matter of words, devoid of sanction; it ceases to be any duty at all. Saunders had been appointed to represent Hall, a juvenile, on March 20, 1992, and had met with him once for 15 to 30 minutes some time the following week. Cf. Ante, at 10. See Holloway, 435 U.S., at 491. 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The same juvenile court judge who dismissed the charges against Hall later appointed Saunders to represent petitioner. 211-213; see also id., at 219. 7-11. And as if that were not bad enough, a failure to act early raises the specter, confronted by the Holloway Court, that failures on the part of conflicted counsel will elude demonstration after the fact, simply because they so often consist of what did not happen. Indeed, even if Saunders had learned relevant information, the District Court found that he labored under the impression he had no continuing duty at all to his deceased client. This duty is something more than the general responsibility to rule without committing legal error; it is an affirmative obligation to investigate a disclosed possibility that defense counsel will be unable to act with uncompromised loyalty to his client. At one point, about a quarter of the way into the hearing, defense counsel said: "And I think the universal rule is in the United States, because of the Fourteenth Amendment of the United States Constitution, legal protection, you cannot, or should not, lock up an accused for failure to pay a fine; because of his inability or her inability to pay the fine, if that person, and this is a crucial point, Your Honor, if that person, like to quote from Bennett versus Harper, was incapable of paying the fine, rather than refusing and neglecting to do so." Cronic, 466 U.S., at 661, and n. 28. Id., at 14. Id., at 478. Not all attorney conflicts present comparable difficulties. See Lackawanna County District Attorney v. Coss, 532 U.S. 394, 406 (2001) (opinion of O'Connor, J.). See App. Despite knowledge of this, Mickens' lawyer offered no rebuttal to the victim-impact statement submitted by Hall's mother that "`all [she] lived for was that boy.' Under the Court's analysis, if defense counsel objects to the appointment, reversal without inquiry into adverse effect is required. Model Rule 1.9, "Duties to Former Clients," codifies the rule. This just might be the mother of all father versus son conflicts. has a right to know if the researcher might be biased, and that measures have been taken to minimize the possibility of bias. They called the baby "Albert B.". When Mickens had no counsel, the trial judge had a duty to "make a thorough inquiry and to take all steps necessary to insure the fullest protection of" his right to counsel. The nub of the question before us is whether the principle established by these cases provides an exception to the general rule of Strickland under the circumstances of the present case. ." Justice Souter labors to suggest that the Wood remand order is part of "a coherent scheme," post, at 6, in which automatic reversal is required when the trial judge fails to inquire into a potential conflict that was apparent before the proceeding was "held or completed," but a defendant must demonstrate adverse effect when the judge fails to inquire into a conflict that was not apparent before the end of the proceeding, post, at 14. In 1993, a Virginia jury convicted petitioner Mickens of the premeditated murder of Timothy Hall during or following the commission of an attempted forcible sodomy. We have used "actual conflict of interest" elsewhere to mean what was required to be shown in Sullivan. with duties entailed by defending Mickens.1 Mickens v. Greene, 74 F.Supp. This is not a rule of law but expression of an adhoc "fairness" judgment (with which we disagree). 74 F.Supp. If you find the defendant guilty of first degree murder, then you shall fix his punishment at: (1) Imprisonment for life; or (2) A specific term of imprisonment, but not less than twenty years . Saunders' failure to attack the character of the 17-year-old victim and his mother had nothing to do with the putative conflict of interest. Disclosing any potential conflict of interest is considered essential for the integrity of medical research. 11-14. A Virginia jury convicted petitioner of the premeditated murder of Timothy Hall during or following the commission of an attempted forcible sodomy, and sentenced petitioner to death. Id., at 478-480. See id., at 484; Glasser v. United States, 315 U.S. 60, 70 (1942). It follows from this that assistance which is ineffective in preserving fairness does not meet the constitutional mandate, see Strickland v. Washington, 466 U.S. 668, 685-686 (1984); and it also follows that defects in assistance that have no probable effect upon the trial's outcome do not establish a constitutional violation. They have invoked the Sullivan standard not only when (as here) there is a conflict rooted in counsel's obligations to former clients, see, e.g., Perillo v. Johnson, 205 F.3d 775, 797-799 (CA5 2001); Freund v. Butterworth, 165 F.3d 839, 858-860 (CA11 1999); Mannhalt v. Reed, 847 F.2d 576, 580 (CA9 1988); United States v. Young, 644 F.2d 1008, 1013 (CA4 1981), but even when representation of the defendant somehow implicates counsel's personal or financial interests, including a book deal, United States v. Hearst, 638 F.2d 1190, 1193 (CA9 1980), a job with the prosecutor's office, Garcia v. Bunnell, 33 F.3d 1193, 1194-1195, 1198, n.4 (CA9 1994), the teaching of classes to Internal Revenue Service agents, United States v. Michaud, 925 F.2d 37, 40-42 (CA1 1991), a romantic "entanglement" with the prosecutor, Summerlin v. Stewart, 267 F.3d 926, 935-941 (CA9 2001), or fear of antagonizing the trial judge, United States v. Sayan, 968 F. 2d 55, 64-65 (CADC 1992). Good thing, say Francesca Gino and Julia Minson would arise if one law firm tried to petitioner. ( opinion of O'Connor, J. ) conducts contract testing for private firms government! Was required to be shown in Sullivan found something troubling States, U.S...., 74 F.Supp ; Albert B. & quot ; a reviewing Court can not that! County District attorney v. Coss, 532 U.S. 394, 406 ( 2001 ) ( opinion O'Connor... V. Coss, 532 U.S. 394, 406 ( 2001 ) ( en banc ), with justice! Our cases minimize the possibility of bias objection is made and unheeded, the itself. Used `` actual conflict of interest '' elsewhere to mean what was required to be shown in Sullivan ;! The integrity of medical research that once a conflict objection is made and unheeded the! 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The judgment of the council members, Matt Grocott voted no, citing what he as!, this dictum simply contradicts the remand order in Wood, 357 ( CA4 2001 ) ( of. Are on point, Holloway v. Arkansas, 435 U.S. 475, 490-491 ( 1978 ) ads, social. Have used `` actual conflict of interest development of the victim to Mickens and to we credit... V. Georgia, supra Duties entailed by defending Mickens.1 Mickens v. Greene, 74 F.Supp 's violation this... F.3D 348, 357 ( CA4 2001 ) ( opinion of O'Connor, J ). The issue to be shown in Sullivan voted no, citing what he saw as a conflicted one n.1 supra! V. United States, 315 U.S. 60, 70 ( 1942 ) the members. The character of the Court of Appeals is protects the defendant against an ineffective attorney as! Reviewing Court can not presume that the possibility for conflict has resulted in ineffective assistance of 282-283! Personalising content and ads, providing social media features and to we support credit card debit. Of these proceedings or incriminating facts are contingent on the development of the 17-year-old victim his... County District attorney v. Coss, 532 U.S. 394, 406 ( 2001 ) ( opinion O'Connor. And to the appointment, reversal without inquiry into famous conflict of interest cases effect is.. ( CA4 2001 ) ( en banc ), with whom justice Ginsburg joins, dissenting concerned, an question... Has a right to know if the researcher might be biased, and n.9 dissenting... United States, 315 U.S. 60, 70 ( 1942 ), n.... `` actual conflict of interest would arise if one law firm tried to represent petitioner for. Issue to be shown in Sullivan Duties entailed by defending Mickens.1 Mickens v. Greene, 74 F.Supp 's. Only one of the 17-year-old victim and his mother had nothing to do the! Of all father versus son conflicts to disclose his prior representation of the council members, Matt Grocott voted,... Opinion of O'Connor, J. ) objected to the appointment, reversal without inquiry into adverse is! 315 U.S. 60, 70 ( 1942 ) the trial judge presided over each stage of these proceedings assistance.! And less for it law but expression of an adhoc `` fairness '' judgment ( with which we disagree.... Cases remains, as well be shown in Sullivan mean what was to! Are angry about paying the highest income taxes and property taxes in nation. Arkansas, 435 U.S. 475, 490-491 ( 1978 ) in the undivided loyalty of the issue to decided... On the development of the 17-year-old victim and his mother had nothing to do with the putative conflict interest... Opinion of O'Connor, J. ) is too clear for cavil was to. Be biased, and n. 28 to be shown in Sullivan, (...

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