Conflict of interest: Difference between revisions
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It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. | It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. | ||
http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm | http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm | ||
People v. Lopez (2008) 168 Cal.App.4th 801, 808. | |||
California State Bar Fomral Opinion No. 1981-59 | California State Bar Fomral Opinion No. 1981-59 | ||
"It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." | "It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." | ||
http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm | http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm | ||
==Conflict of prosecutor== | |||
United States v. Navarro (E.D. Cal. 1997) 959 F.Supp. 1273. continued appointment of deputy district attorney as Special Assistant United States Attorney beyond statutory four-year limit on appointment of local government employees to federal agency for work of mutual concern was jurisdictional defect. | |||
Rupley v. Winkler (1956) 147 Cal.App.2d 168 | |||
''People v. Pumar'' (2023) 95 Cal.App.5th 504 | |||
''People v. Lastra'' (2022) 83 Cal.App.5th 816 | |||
''People v. AWI Builders Inc.'' (2022) 80 Cal.App.5th 248 | |||
''Schumb v. Superior Court'' (2021) 64 Cal.App.5th 973 | |||
''People v. Bell'' (2019) 7 Cal.5th 70 | |||
''People v. Pierce'' (2019) 38 Cal.App.5th 321 | |||
''People v. Dekraai'' (2016) 5 Cal.App.5th 1110 | |||
''People v. Bryant, Smith, and Wheeler'' (2014) 60 Cal.4th 335 | |||
''Packer v. Superior Court'' (2014) 60 Cal.4th 695 | |||
''People v. Trinh'' (2014) 59 Cal.4th 216 | |||
''People v. Sy'' (2014) 223 Cal.App.4th 44 | |||
''Spaccia v. Superior Court'' (2012) 209 Cal.App.4th 93 | |||
''People v. Gamache'' (2010) 48 Cal.4th 347 | |||
''Polanski v. Superior Court'' (2009) 180 Cal.App.4th 507 | |||
''People v. Cannedy'' (2009) 176 Cal.App.4th 1474 | |||
''People v. Dehle'' (2008) 166 Cal.App.4th 1380 | |||
''People v. Superior Court (Humberto S.)'' (2008) 43 Cal.4th 737 | |||
''Hollywood v. Superior Court'' (2008) 43 Cal.4th 721 | |||
''Haraguchi v. Superior Court'' (2008) 43 Cal.4th 706 | |||
''People v. Vasquez'' (2006) 39 Cal.4th 47 | |||
''People v. Jenan'' (2006) 140 Cal.App.4th 782 | |||
''People v. Petrisca'' (2006) 138 Cal.App.4th 189 | |||
''Hambarian v. Superior Court'' (2002) 27 Cal.4th 826 | |||
''People v. Parmar'' (2001) 86 Cal.App.4th 781 | |||
''People v. Choi'' (2000) 80 Cal.App.4th 476 | |||
''People v. Neely'' (1999) 70 Cal.App.4th 767 | |||
''Millsap v. Superior Court'' (1999) 70 Cal.App.4th 196 | |||
''People v. Millwee'' (1998) 18 Cal.4th 96 | |||
''Lewis v. Superior Court'' (1997) 53 Cal.App.4th 1277 | |||
''People v. Eubanks'' (1996) 14 Cal.4th 580 | |||
''People v. Clark'' (1993) 5 Cal.4th 950, disapproved by People v. Doolin (2009) 45 Cal.4th 390 | |||
''People v. Zapien'' (1993) 4 Cal.4th 929 | |||
''People v. Merritt'' (1993) 19 Cal.App.5th 1573 | |||
''People v. Breaux'' (1991) 1 Cal.4th | |||
''People v. Hernandez'' (1991) 235 Cal.App.4th 674 | |||
''People v. Alocer'' (1991) 230 Cal.App.3d 406 | |||
''People v. Lepe'' (1985) 164 Cal.App.3d 685 | |||
''People ex rel. Clancy v. Superior Court'' (1985) 39 Cal.3d 740 | |||
''People v. Lopez'' (1984) 155 Cal.App.3d 813 | |||
''People v. Yu'' (1983) 143 Cal.App.3d 358 | |||
''Kain v. Municipal Court'' (1982) 130 Cal.App.3d 499 | |||
''Love v. Superior Court'' (1980) 111 Cal.App.3d 367 | |||
''Chadwick v. Superior Court'' (1980) 106 Cal.App.3d 108 | |||
''People v. Johnson'' (1980) 105 Cal.App.3d 884 | |||
''People v. Superior Court (Martin) (1979) 98 Cal.App.3d 515 | |||
''People v. Superior Court (Henry) (1979) 98 Cal.App.3d 690 | |||
''People v. Superior Court (Rabaca)'' (1978) 86 Cal.App.3d 180 | |||
''People v. Municipal Court'' (1978) 77 Cal.App.3d 294 | |||
''People v. Partlow'' (1978) 84 Cal.App.3d 540 | |||
''People v. Superior Court (Hollenbeck)'' (1978) 84 Cal.App.3d 491 | |||
''People v. Superior Court (Greer)'' (1977) 19 Cal.3d 255 | |||
''People v. Municipal Court (Siple)'' (1972) 27 Cal.App.3d 193 | |||
''People v. Tibbits'' (1925) 71 Cal.App. 709 | |||
===Media=== | |||
''People v. Phillips'' (1985) 169 Cal.App.3d 632 | |||
==Prosecutor as witness== | |||
''People v. Hernandez'' (2003) 30 Cal.4th 835 | |||
''People v. Donaldson'' (2001) 93 Cal.App.4th 916 | |||
Latest revision as of 02:11, 26 August 2024
California State Bar Formal Opinion No. 1980-52 It is improper for counsel in a criminal case to represent a defendant where a previous client of that attorney's office is a witness against the new client and it is reasonably foreseeable that the confidences or secrets of the former client may be, or may reasonably appear to the client to be, used. http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1980-52.htm People v. Lopez (2008) 168 Cal.App.4th 801, 808.
California State Bar Fomral Opinion No. 1981-59 "It is improper for counsel to continue representing either defendant charged in two separate, unrelated criminal cases once counsel becomes aware that one of these defendants is attempting to become, or has become, an undercover informant against the other defendant." http://www.calbar.ca.gov/Portals/0/documents/ethics/Opinions/1981-59.htm
Conflict of prosecutor
United States v. Navarro (E.D. Cal. 1997) 959 F.Supp. 1273. continued appointment of deputy district attorney as Special Assistant United States Attorney beyond statutory four-year limit on appointment of local government employees to federal agency for work of mutual concern was jurisdictional defect.
Rupley v. Winkler (1956) 147 Cal.App.2d 168
People v. Pumar (2023) 95 Cal.App.5th 504
People v. Lastra (2022) 83 Cal.App.5th 816
People v. AWI Builders Inc. (2022) 80 Cal.App.5th 248
Schumb v. Superior Court (2021) 64 Cal.App.5th 973
People v. Bell (2019) 7 Cal.5th 70
People v. Pierce (2019) 38 Cal.App.5th 321
People v. Dekraai (2016) 5 Cal.App.5th 1110
People v. Bryant, Smith, and Wheeler (2014) 60 Cal.4th 335
Packer v. Superior Court (2014) 60 Cal.4th 695
People v. Trinh (2014) 59 Cal.4th 216
People v. Sy (2014) 223 Cal.App.4th 44
Spaccia v. Superior Court (2012) 209 Cal.App.4th 93
People v. Gamache (2010) 48 Cal.4th 347
Polanski v. Superior Court (2009) 180 Cal.App.4th 507
People v. Cannedy (2009) 176 Cal.App.4th 1474
People v. Dehle (2008) 166 Cal.App.4th 1380
People v. Superior Court (Humberto S.) (2008) 43 Cal.4th 737
Hollywood v. Superior Court (2008) 43 Cal.4th 721
Haraguchi v. Superior Court (2008) 43 Cal.4th 706
People v. Vasquez (2006) 39 Cal.4th 47
People v. Jenan (2006) 140 Cal.App.4th 782
People v. Petrisca (2006) 138 Cal.App.4th 189
Hambarian v. Superior Court (2002) 27 Cal.4th 826
People v. Parmar (2001) 86 Cal.App.4th 781
People v. Choi (2000) 80 Cal.App.4th 476
People v. Neely (1999) 70 Cal.App.4th 767
Millsap v. Superior Court (1999) 70 Cal.App.4th 196
People v. Millwee (1998) 18 Cal.4th 96
Lewis v. Superior Court (1997) 53 Cal.App.4th 1277
People v. Eubanks (1996) 14 Cal.4th 580
People v. Clark (1993) 5 Cal.4th 950, disapproved by People v. Doolin (2009) 45 Cal.4th 390
People v. Zapien (1993) 4 Cal.4th 929
People v. Merritt (1993) 19 Cal.App.5th 1573
People v. Breaux (1991) 1 Cal.4th
People v. Hernandez (1991) 235 Cal.App.4th 674
People v. Alocer (1991) 230 Cal.App.3d 406
People v. Lepe (1985) 164 Cal.App.3d 685
People ex rel. Clancy v. Superior Court (1985) 39 Cal.3d 740
People v. Lopez (1984) 155 Cal.App.3d 813
People v. Yu (1983) 143 Cal.App.3d 358
Kain v. Municipal Court (1982) 130 Cal.App.3d 499
Love v. Superior Court (1980) 111 Cal.App.3d 367
Chadwick v. Superior Court (1980) 106 Cal.App.3d 108
People v. Johnson (1980) 105 Cal.App.3d 884
People v. Superior Court (Martin) (1979) 98 Cal.App.3d 515
People v. Superior Court (Henry) (1979) 98 Cal.App.3d 690
People v. Superior Court (Rabaca) (1978) 86 Cal.App.3d 180
People v. Municipal Court (1978) 77 Cal.App.3d 294
People v. Partlow (1978) 84 Cal.App.3d 540
People v. Superior Court (Hollenbeck) (1978) 84 Cal.App.3d 491
People v. Superior Court (Greer) (1977) 19 Cal.3d 255
People v. Municipal Court (Siple) (1972) 27 Cal.App.3d 193
People v. Tibbits (1925) 71 Cal.App. 709
Media
People v. Phillips (1985) 169 Cal.App.3d 632
Prosecutor as witness
People v. Hernandez (2003) 30 Cal.4th 835
People v. Donaldson (2001) 93 Cal.App.4th 916