Legal Opinion

Potashnick v. Port City Construction Co.

Court of Appeals for the Fifth Circuit

Decided January 15, 1980No. Nos. 76-2373, 78-2386PublishedCited by 147 opinions

1Opinion of the Court

FAY, Circuit Judge:

The case began amid a flurry of claims, counterclaims, and cross-claims. The thirty-three day trial of the action spawned a record of twenty-five volumes as well as the eleven briefs submitted on appeal. Out of this morass emerge questions involving the right to the effective assistance of hired counsel in a civil case, and the disqualification of a trial court judge from participation in the proceeding before him. Our resolution of the issues requires us to reverse this case on two separate grounds.

Our first ground for reversal results from the trial court judge’s failure…

2Cases cited32 opinions

  1. Mullane v. Central Hanover Bank & Trust Co.Supreme Court of the United States · 1950
  2. Gideon v. WainwrightSupreme Court of the United States · 1963
  3. Gideon v. WainwrightSupreme Court of the United States · 1963
  4. Powell v. AlabamaSupreme Court of the United States · 1932
  5. Argersinger v. HamlinSupreme Court of the United States · 1972

27 more not listed; retrieve them via the Exa API.

3Cited by147 opinions

  1. United States v. Joseph Conforte and Sally ConforteCourt of Appeals for the Ninth Circuit · 1980
  2. United States v. John M. MurphyCourt of Appeals for the Seventh Circuit · 1985
  3. United States v. HeldtCourt of Appeals for the D.C. Circuit · 1981
  4. United States v. Terence George KellyCourt of Appeals for the Eleventh Circuit · 1989
  5. United States v. Jo Ann Harrelson, Charles Voyed Harrelson and Elizabeth Nichols ChagraCourt of Appeals for the Fifth Circuit · 1985

142 more not listed; retrieve them via the Exa API.

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