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Holcombe v. Florida

Pending petition
Docket No. Op. Below Argument Opinion Vote Author Term
21-53 Fla. Dist. Ct. App. TBD TBD TBD TBD TBD

Issues: (1) Whether a criminal defendant establishes an “actual” conflict of interest that adversely affects counsel’s representation when the attorney engages in “joint and dual” representation – i.e., simultaneously representing both the defendant and a key prosecution witness during a trial; (2) whether the “presumed prejudice” conflict of interest standard applies when the prosecutor (rather than defense counsel) puts the trial judge on notice at the beginning of a trial of defense counsel’s conflict of interest – a conflict which is described by the prosecutor as “not waivable” – and the judge thereafter fails to inquire into the nature and scope of the conflict.

DateProceedings and Orders (key to color coding)
Jul 01 2021Petition for a writ of certiorari filed. (Response due August 16, 2021)
Aug 16 2021Waiver of right of respondent State of Florida to respond filed.
Aug 18 2021DISTRIBUTED for Conference of 9/27/2021.
Aug 23 2021Response Requested. (Due September 22, 2021)
Sep 22 2021Brief of respondent Florida in opposition filed.
Oct 05 2021Reply of petitioner James Dale Holcombe filed. (Distributed)
Oct 06 2021DISTRIBUTED for Conference of 10/29/2021.
Nov 01 2021DISTRIBUTED for Conference of 11/5/2021.
Nov 08 2021DISTRIBUTED for Conference of 11/12/2021.
Nov 15 2021DISTRIBUTED for Conference of 11/19/2021.
Nov 29 2021DISTRIBUTED for Conference of 12/3/2021.