LOVVORN

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,…
• 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…
• Shiflett v. Commonwealth OF Va., 433 F.2d 124 (4th Cir. 1970)
  …onvicted defendant was entitled to a belated appeal or a new trial solely because his attorney failed to advise him of his right to appeal and the manner and time in which to appeal. See Lovvorn v. Johnston, 118 F. 2d 704 (9th Cir. 1941), cert. den. 314 U.S. 607, 62 S.Ct. 92, 86 L.Ed. 488 (1941). Licensed lawyers are presumed to be competent. They should advise their clients in accordance with existing law —not what it might be in the future. Here the majority determines these attorneys’ professional comp…