Legal Opinion

United States of America, Ex Rel. Ronald Tonaldi v. Richard J. Elrod and Tyrone C. Fahner

Court of Appeals for the Seventh Circuit

Decided September 14, 1983No. 82-2063PublishedCited by 39 opinions

1Opinion of the Court

ESCHBACH, Circuit Judge.

The question in this case is whether the petitioner knowingly and intelligently waived his Sixth Amendment right to counsel free from a conflict of interest. The district court answered the question in the negative and ordered the petitioner released from custody. Noting jurisdiction under 28 U.S.C. § 2253, we reverse.

I

In 1979, the petitioner’s car was stopped for proceeding through a red light. A police officer approached the car, which contained the petitioner and two passengers, and viewed a dark-colored vinyl bag on the front seat. The officer also saw a…

2Cases cited34 opinions

  1. Boykin v. AlabamaSupreme Court of the United States · 1969
  2. Faretta v. CaliforniaSupreme Court of the United States · 1975
  3. Glasser v. United StatesSupreme Court of the United States · 1942
  4. Cuyler v. SullivanSupreme Court of the United States · 1980
  5. Brewer v. WilliamsSupreme Court of the United States · 1977

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

3Cited by39 opinions

  1. Wheat v. United StatesSupreme Court of the United States · 1988
  2. City of Bellevue v. AcreyWashington Supreme Court · 1984
  3. United States v. Stuart Steven NobleCourt of Appeals for the Seventh Circuit · 1985
  4. United States of America, Plaintif-Appellee v. Biagio Cirrincione and Tom CirrincioneCourt of Appeals for the Seventh Circuit · 1986
  5. Richard W. Barber, Personal Representative of the Estate of Barbara W. Reese, Deceased v. John J. Ruth and Lucille A. RuthCourt of Appeals for the Seventh Circuit · 1993

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

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