Legal Opinion

Shadwell v. Davenport

Navy-Marine Corps Court of Criminal Appeals

Decided November 22, 2002No. NMCM 200201644PublishedCited by 1 opinion

1Opinion of the Court

BRYANT, Judge:

On 20 August 2002, the petitioners submitted petitions for extraordinary relief in the nature of a writ of prohibition, or in the alternative, a writ of mandamus.2 The petitioners allege that the military judge, upon motion of the Government, erred by disqualifying Mr. John B. Wells, Ensign (ENS) Shadwell’s civilian defense counsel (CDC), after finding a conflict of interest existed between CDC’s representation of ENS Shad-well and CDC’s representation of his wife, Kriscelda Shadwell. Further, the petitioners allege the military judge erred by concluding that, “due to the length…

2Cases cited27 opinions

  1. Holloway v. ArkansasSupreme Court of the United States · 1978
  2. Wheat v. United StatesSupreme Court of the United States · 1988
  3. Roche v. Evaporated Milk Assn.Supreme Court of the United States · 1943
  4. Flanagan v. United StatesSupreme Court of the United States · 1984
  5. Bankers Life & Casualty Co. v. HollandSupreme Court of the United States · 1953

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3Cited by1 opinion

  1. United States v. BookerUnited States Air Force Court of Criminal Appeals · 2006

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