Roger Lee Glavin and Robert Loring Chesney v. United States
Opinion
Opinion
Browning, J.
These are appeals from convictions under 18 U.S.C. § 2312 (1964) (interstate transportation of stolen motor vehicle), and 18 U.S.C. § 2314 (interstate transportation of stolen goods).
1. On the day set for trial the attorney who had been retained by both appellants (and who represents both on appeal) moved to be relieved of representing- appellant Roger Glavin. Both appellants claim that the court committed error in denying the motion.
The proceedings on the motion are set out in full in the margin. The precise ground for the motion was not clearly articulated. Counsel began by stating, “it appears there may perhaps be a conflict of interest here,” thus suggesting the existence of the problem dealt with in Glasser v. United States, 315 U.S. 60 , 62 S.Ct. 457 , 86 L.Ed. 680 (1942); namely, that common counsel was representing two defendants who had inconsistent interests. Counsel continued, however, “Mr. Glavin and I have not been able to agree on my representation, and he has indicated that he does not wish me to represent him,” thus suggesting that the problem was rather that one of counsel’s two clients was dissatisfied and wished to replace him.