United States v. Johnson

MEMORANDUM OPINION AND ORDER REGARDING JOINT MOTION ON ISSUES OF ATTORNEY REPRESENTATION

BENNETT, Chief Judge.

TABLE OF CONTENTS. I. INTRODUCTION.1091

A. Factual Background.1091

B. Procedural Background.1091

II. LEGAL ANALYSIS.1093

A. Willett’s Continued Representation Of Johnson .1093

1. The concerns and the inquiry.1093

2. Is a conñict of interest likely to arise?.1095

a. Were any confidences imparted to defense counsel by the witness?.1096

b. Did the witness waive any privilege by debriefing?.1096

c. Is any potential conflict of interest sufficiently “serious”?.1099

3. Remedying any potential…