SWEETNEY

v.

JOHNSTON, WARDEN

Citator

Cited By

• C. E. H. McDONNELL in Reorganization of Equitable Plan Co. v. Tabah, 297 F.2d 731 (2d Cir. 1961)
  …nsel cannot be relieved without permission of the court, see United States v. Curry, 1848, 6 How. 106, 47 U.S. 106, 12 L.Ed. 363; Doggett v. Deauville Corp., 5 Cir., 1945, 148 F. 2d 881; Lovvorn v. Johnston, 9 Cir., 1941, 118 F. 2d 704, cert. denied 314 U.S. 607, 62 S.Ct. 92, 86 L.Ed. 488, there is no requirement of law or common sense that a court compel counsel to continue to represent a former client when there had been a termination of the attorney and client relationship before trial by mutual consent,…
• United States v. Smith, 411 F.2d 733 (6th Cir. 1969)
  …. In Martin v. United States, supra, 182 F. 2d 225, 227, the Court recognized that “If there was any reasonable doubt of prejudice, the defendant should have the benefit of * * *» In Lovvorn v. Johnston, 118 F. 2d 704 (9th Cir. 1941), cert. denied, 314 U.S. 607, 62 S.Ct. 92, 86 L.Ed. 488, the appeal was from an order denying the issuance of a writ of habeas corpus. The defendant alleged in his petition that his attorney was voluntarily absent from the courtroom when the verdict was returned. The Court held…
• Gilpin v. United States, 265 F.2d 203 (6th Cir. 1959)
  …bst, 304 U.S. 458, 58 S.Ct. 1019, 82 L.Ed. 1461. There is considerable authority to the effect that there is no constitutional right to the assistance of counsel in the Court of Appeals. Lovvorn v. Johnston, 9 Cir., 118 F. 2d 704, certiorari denied 314 U.S. 607, 62 S.Ct. 92, 86 L.Ed. 488; Osborne v. Johnston, 9 Cir., 120 F. 2d 947; Gargano v. United States, 9 Cir., 137 F. 2d 944; Thompson v. Johnston, 9 Cir., 160 F. 2d 374, certiorari denied 331 U.S. 853, 67 S.Ct. 1738, 91 L.Ed. 1861; Edwards v. United Sta…