United States Tenth Circuit

The district court abused its discretion by failing to investigate defendant's non-frivolous allegation, claiming that his attorney had a conflict of interest, and the issue is remanded with instructions to hold an evidentiary hearing.

Appellate Information

• Decided 07/01/2005
• Published 07/01/2005

Judges

• TACHA, Chief Circuit Judge., Before TACHA, Chief Circuit Judge, EBEL and HARTZ, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Susan G. James, Law Office of Susan G. James & Associates, Montgomery, AL, appearing for Appellant.


• For Appellees:
  
• Kevin C. Danielson, Assistant United States Attorney (David E. O'Meilia, United States Attorney, with him on the brief), Office of the United States Attorney, Tulsa, OK, appearing for Appellee.