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United States v. Keith Shwayder, Michael G. Swan, and Kevin Orton

UNITED STATES of America, Plaintiff-Appellee, v. Keith SHWAYDER, Michael G. Swan, and Kevin Orton, Defendants-Appellants

United States v. Shwayder, 320 F.3d 889 (9th Cir. 2003)
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Court
Court of Appeals for the Ninth Circuit · U.S. Courts of Appeals
Decided
February 24, 2003
Docket
Nos. 01-10156, 01-10176 and 01-10186
Judges
Hug, Berzon, Lasnik
Citations
320 F.3d 8892003 Daily Journal DAR 19782003 U.S. App. LEXIS 3322

Opinion

ORDER The opinion of this court in the above-captioned case issued December 5, 2002 ( 312 F.3d 1109 ), is amended as follows:

Slip Op. page 19, lines 11-23 [ 312 F.3d at 1109-20 ], change:

“There was one fact not available from an independent source — that Swan had lied to Schlie during his prior representation. It is difficult, however, to characterize Schlie’s failure to mention this fact as an adverse effect caused by his former representation »of Swan. Schlie would never have known that Swan lied to his former lawyer if he had not been that lawyer. As no other lawyer could have cross-examined Swan on that point, Schlie’s representation was no different as to that point than it would have been without the conflict.

In any event, the omission regarding Swan’s lies to Schlie had at most a negligible effect. Schlie emphasized in closing that Swan had lied to everyone else, specifically mentioning “his lawyer,” as well as Shwayder.”

to “There was one fact not available from an independent source — that Swan had lied to Schlie during his prior representation. It is impossible, however, to characterize Schlie’s failure to mention this fact as an adverse effect caused by his former representation of Swan. Schlie’s communications with Swan were protected by the attorney-client privilege, so they could not have been elicited by any other lawyer either. Schlie did, nevertheless, emphasize in closing that Swan had lied to everyone else, specifically mentioning “his [other] lawyer,” as well as Shwayder.”

5¡: í¡í ‡ sj* With these amendments, the panel has unanimously voted to deny appellant’s petition for rehearing. Judge Berzon has voted to deny the petition for rehearing en banc. Judges Hug and Lasnik recommend denial of the petition for rehearing en banc.

The full court has been advised of the petition for rehearing en banc and no judge has requested a vote on whether to rehear the matter en banc. Fed. R.App. P. 35.

The petition for rehearing is denied and the petition for rehearing en banc is denied.

Appellant’s motion for leave to file a reply in support of the petition for rehearing is denied as moot.

How later courts describe this case

Explanatory parentheticals written by citing courts — 1 in all; the most informative distinct ones are shown.

2003: 22004: 12006: 12013: 12017: 12018: 120032026peak 2003 · 2

Relies on it most ⓘ

  1. Daniel Lee Lewis v. D.A. Mayle391 F.3d 989 (9th Cir. 2004)
  2. State v. KAWA708 N.W.2d 662 (Neb. 2006)
  3. State Of Washington v. David Levice Phillips431 P.3d 1056 (Wash. Ct. App. 2018)
  4. Chaidez v. Knowles258 F. Supp. 2d 1069 (N.D. Cal. 2003)
  5. United States v. Gary Mabe521 F. App'x 620 (9th Cir. 2013)
  6. Shwayder v. United States540 U.S. 826 (2003)

Most recent

  1. State Of Washington v. David Levice Phillips431 P.3d 1056 (Wash. Ct. App. 2018)
  2. United States v. Louis Smith714 F. App'x 701 (9th Cir. 2017)
  3. United States v. Gary Mabe521 F. App'x 620 (9th Cir. 2013)
  4. State v. KAWA708 N.W.2d 662 (Neb. 2006)
  5. Daniel Lee Lewis v. D.A. Mayle391 F.3d 989 (9th Cir. 2004)
  6. Shwayder v. United States540 U.S. 826 (2003)

Citing references are not a citator: they show that a later opinion cites this case, not whether it followed, distinguished, or overruled it. Check negative history before relying on this case.

Authorities cited 1

DepthCaseCited by
United States v. Shwayder, 312 F.3d 1109 (9th Cir. 2002) 46

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