Legal Opinion

United States v. Schneider

District Court, S.D. Florida

Decided August 13, 2018No. Case Number: 17-20712-CR-MORENOPublished

1Opinion of the Court

FEDERICO A. MORENO, UNITED STATES DISTRICT JUDGE

In this case, the Court is faced with a difficult decision. Should the Court allow Defendant James Schneider to retain as local secondary trial counsel Mr. Daniel Rashbaum, an attorney whose firm had previously represented-in a related criminal case-a cooperating Government witness. The Court holds that it should not.

In disqualifying Defendant Schneider's additional counsel, the Court, in the exercise of its discretion, finds that the waiver by both clients-the Defendant on trial and the witness-testifying defendant-are not sufficient to…

2Cases cited6 opinions

  1. Wheat v. United StatesSupreme Court of the United States · 1988
  2. Flanagan v. United StatesSupreme Court of the United States · 1984
  3. United States v. GarciaCourt of Appeals for the Fifth Circuit · 1975
  4. United States v. Allan RossCourt of Appeals for the Eleventh Circuit · 1994
  5. United States v. Cesar GarciaCourt of Appeals for the Eleventh Circuit · 2006

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