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Holcombe v. Florida

Petition for certiorari denied on February 28, 2022

Docket No. Op. Below Argument Opinion Vote Author Term
21-53 Fla. Dist. Ct. App. N/A N/A N/A N/A OT 2021

Issue: (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)
07/01/2021Petition for a writ of certiorari filed. (Response due August 16, 2021)
08/16/2021Waiver of right of respondent State of Florida to respond filed.
08/18/2021DISTRIBUTED for Conference of 9/27/2021.
08/23/2021Response Requested. (Due September 22, 2021)
09/22/2021Brief of respondent Florida in opposition filed.
10/05/2021Reply of petitioner James Dale Holcombe filed. (Distributed)
10/06/2021DISTRIBUTED for Conference of 10/29/2021.
11/01/2021DISTRIBUTED for Conference of 11/5/2021.
11/08/2021DISTRIBUTED for Conference of 11/12/2021.
11/15/2021DISTRIBUTED for Conference of 11/19/2021.
11/29/2021DISTRIBUTED for Conference of 12/3/2021.
12/06/2021DISTRIBUTED for Conference of 12/10/2021.
01/03/2022DISTRIBUTED for Conference of 1/7/2022.
01/10/2022DISTRIBUTED for Conference of 1/14/2022.
01/18/2022DISTRIBUTED for Conference of 1/21/2022.
02/11/2022DISTRIBUTED for Conference of 2/18/2022.
02/22/2022DISTRIBUTED for Conference of 2/25/2022.
02/28/2022Petition DENIED. Justice Sotomayor, dissenting from the denial of certiorari. (Detached Opinion)