UNITED STATES EX REL. TONALDI v. ELROD

No. 82-2063.

716 F.2d 431 (1983)

UNITED STATES of America, ex rel. Ronald TONALDI, Petitioner-Appellee, v. Richard J. ELROD and Tyrone C. Fahner, Respondents-Appellants.

United States Court of Appeals, Seventh Circuit.

Decided August 19, 1983.

Rehearing Denied September 14, 1983.


Attorney(s) appearing for the Case

Julius Lucius Echeles, Chicago, Ill., for petitioner-appellee.

Kenneth A. Fedinets, Chicago, Ill., for respondents-appellants.

Before CUMMINGS, Chief Judge, WOOD and ESCHBACH, Circuit Judges.


ESCHBACH, Circuit Judge.

The question in this case is whether the petitioner knowingly and intelligently waived his Sixth Amendment right to counsel free from a conflict of interest. The district court answered the question in the negative and ordered the petitioner released from custody. Noting jurisdiction under 28 U.S.C. § 2253, we reverse.

I.

In 1979, the petitioner's car was stopped for proceeding through a red light. A police officer approached...

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