Tuesday, October 20, 2009

US v. Evanson, -- F.3d --, 2009 WL 3336094 (10th Cir. 10/19/09) - district court acted well within its broad latitude in disqualifying Mr. Evanson's chosen counsel because of a serious potential conflict of interest and unsworn witness problems. Counsel had been involved in creating two letters that Mr. Evanson sent to participants in his tax scheme and the gov't might well have sought admission of those letters into evidence at trial on charges of conspiracy to commit tax fraud, tax evasion, and aiding and assisting in preparation of false income-tax returns.

Crawley v. Dinwiddie, -- F.3d --, 2009 WL 3338332 (10th Cir. 10/19/09) - affirmance of denial of habeas relief. Okla court did not unreasonably apply Strickland by finding defense counsel was not ineffective in maintaining, consistent with Mr. Crawley's wishes at the time, that Mr. Crawley was competent to stand trial, despite medical opinion and the state's position to the contrary.