# Ben Lee Brown v. Walter E. Craven

> Court of Appeals for the Ninth Circuit · May 13, 1970 · 424 F.2d 1166

URL: https://www.frixlaw.com/law-library/cases/9455509

## Case

- **Full name:** Ben Lee BROWN, Appellant, v. Walter E. CRAVEN, Appellee
- **Court:** Court of Appeals for the Ninth Circuit
- **Decided:** May 13, 1970
- **Citations:** 424 F.2d 1166
- **Precedential status:** Published
- **Opinion:** Concurrence by Kilkenny
- **Judges:** Kilkenny, Tuttle, Ely, Kil-Kenny
- **Cited by:** 186 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/9455509

## How later opinions describe it (automated extraction)

- holding that the defendant’s being embroiled in an irreconcilable conflict with his attorney warranted reversal where the defendant was dissatisfied and would not cooperate with the attorney and the trial court summarily dismissed the defendant’s four motions for new counsel w…
- holding that when a defendant and his counsel did not communicate because of an “embroiled . . . irreconcilable conflict” the defendant was “deprive[d] . . . of the effective assistance of . . . counsel . . . .”
- discussing a debilitating conflict that prevented counsel from developing the facts, interviewing witnesses, and putting on more than a perfunctory defense

## Opinion text

KILKENNY, Circuit Judge
(Specially Concurring):
I would remand to the district court with directions to require the Superior Court of California, (1) to hold within sixty days) a Jackson v. Denno, 378 U.S. 368 , 84 S.Ct. 1774 , 12 L.Ed.2d 908 (1964), type hearing on the voluntariness of the appellant’s pre-trial admissions and statements; and (2) to hold a hearing on whether appellant’s objection to his legal representation was to the Public Defender’s Office as a whole, or as to the individual attorney assigned by the Public Defender’s Office. If the *1171 California court failed to hold these hearings and make and file its findings within the time limited, a new trial would be granted. Otherwise, the findings on those issues would be filed in the district court and forthwith transmitted to this court for appropriate action.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/9455509. Public record. Not legal advice.