Supreme Court of the United States · Official docket →
Robert Koger v. United States
Paid petition · United States Court of Appeals for the Fourth Circuit, No. 21-7334 · judgment February 23, 2022
Before the decision, well below the 4.1% base rate, with no standout signals pointing toward a grant.
Questions presented
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Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is the subject of a criminal investigation for crimes associated with the defendant’s charged conduct and whether this conflict of interest is a per se violation of the Sixth Amendment.
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Whether a criminal defendant establishes an “actual” unwaiveable conflict of interest that adversely affects counsel’s representation when defense counsel is identified by the government as a witness against the defendant relating to defendant’s charged conduct and whether the district court’s failure to hold a hearing is grounds for a reversal.
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Whether the failure of the district court, defense counsel and the government to disclose a conflict of interest to the defendant requires a reversal of the convictions.
Counsel of record
For petitioner
Robert Koger
For respondent
Elizabeth B. Prelogar
Solicitor General
Case
Conference history
Distributed for 1 conference
Proceedings
- Oct 03 2022Petition DENIED.
- Jul 13 2022DISTRIBUTED for Conference of 9/28/2022.
- Jul 06 2022Waiver of right of respondent United States to respond filed.
- Jun 24 2022Petition for a writ of certiorari filed. (Response due July 29, 2022)