Legal Opinion

Daniel Lee Lewis v. D.A. Mayle

Court of Appeals for the Ninth Circuit

Decided November 29, 2004No. 03-16152PublishedCited by 56 opinions

1Opinion of the Court

FERGUSON, Circuit Judge:

This case involves a murder that only one of two people could have committed: the appellant, Daniel Lee Lewis, or his nephew, Steven Berg. Lewis was convicted of second degree murder and sentenced to an aggregate term of 95 years to life. Berg served as the primary witness for the prosecution. Despite the antagonistic positions of the two men, Lewis was represented at trial by a lawyer who had represented Berg on another matter immediately prior to undertaking Lewis’ defense.

Lewis contends that this successive representation presented a conflict of interest that…

2Cases cited16 opinions

  1. Cuyler v. SullivanSupreme Court of the United States · 1980
  2. Lockyer v. AndradeSupreme Court of the United States · 2003
  3. Holloway v. ArkansasSupreme Court of the United States · 1978
  4. Wood v. GeorgiaSupreme Court of the United States · 1981
  5. Jesus Garcia Delgado v. Gail Lewis, Deputy Warden Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2000

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3Cited by56 opinions

  1. Brian Sass v. California Board of Prison Terms Attorney General of the State of CaliforniaCourt of Appeals for the Ninth Circuit · 2006
  2. Jose Enrique Alberni v. E.K. McDaniel Frankie Sue Del Papa State of NevadaCourt of Appeals for the Ninth Circuit · 2006
  3. Richter v. HickmanCourt of Appeals for the Ninth Circuit · 2009
  4. Pinholster v. AyersCourt of Appeals for the Ninth Circuit · 2009
  5. Pinholster v. AyersCourt of Appeals for the Ninth Circuit · 2008

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

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