Case Citator › United States v. Garcia

United States v. Garcia

Is it still good law? What later courts have actually done to this case.

Overruled in part
Court
Fifth Circuit
Citation
517 F.2d 272
Decided
Confirmed treatments
2
Flagged citations read
45 of 45
Citing cases (total)
45
Treatment dates
1984–1988
Overruled in part
A reviewed court has overruled part of this case’s holding. United States v. Garcia was overruled in part, but its guidance for a knowing waiver of conflict-free counsel remains in use. Flanagan v. United States ended Garcia's rule allowing an immediate appeal from a pretrial order disqualifying criminal defense counsel.
More on how this was screened

Wheat v. United States also displaced any suggestion that a defendant's conflict waiver always requires the court to accept the chosen lawyer; the Fifth Circuit expressly recognized that effect in United States v. Sanchez Guerrero. All 45 flagged citations have been read. The two confirmed treatments are listed below.

Every treatment on this page is written from the citing opinion itself, with a verbatim quote, never copied from a commercial citator. A citation flagged by our screen but not shown here was read and found not to weaken this case.

45 later cases cite United States v. Garcia; 45 of those citations sat close to treatment language and were flagged for reading, and all of them have been read. Citations that did not sit near treatment language were not flagged and were not read one by one, so a court that weakened this case without using any of that language would not appear here.

Relying on United States v. Garcia?

This page shows what later courts did to it. Ask about your specific facts and see whether it still carries your argument, with citations you can check.

Treatments

Overruled in Part

  • The Supreme Court rejected Garcia's immediate appeal rule for pretrial disqualification of criminal defense counsel.

    Flanagan v. United States · Supreme Court of the United States · filed

    We decide today that a District Court’s pretrial disqualification of defense counsel in a criminal prosecution is not immediately appealable under 28 U. S. C. § 1291. ... Among the Courts of Appeals, six Circuits in addition to the Third Circuit have allowed immediate appeal of pretrial disqualifications of criminal defense counsel. ... United States v. Garcia, 517 F. 2d 272, 275 (CA5 1975);
    Read the full opinion on CourtListener →

Abrogated

  • A conflict waiver no longer forces a trial court to accept a defendant's chosen lawyer.

    Wheat v. United States · Supreme Court of the United States · filed

    Petitioner insists that the provision of waivers by all affected defendants cures any problems created by the multiple representation. But no such flat rule can be deduced from the Sixth Amendment presumption in favor of counsel of choice.
    Read the full opinion on CourtListener →

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