Justia Legal Ethics Opinion Summaries

A trial court denied defendant-appellant Anthony Williams’s motion to substitute retained counsel for his appointed counsel. After the jury found Williams guilty of first degree murder, and found true a special allegation, the trial court sentenced him to life without the possibility of parole. On appeal, Williams claimed the trial court violated his constitutional right to counsel by denying his request to be represented by counsel of his choice and that this error requires reversal without regard to prejudice. To this, the Court of Appeal agreed, and reversed the trial court's judgment. View "California v. Williams" on Justia Law

In an action challenging the voluntary and intelligent nature of appellant's plea as to certain drug and drug-related offenses, the DC Circuit concluded that the appointment of counsel was not in the interest of justice under the Criminal Justice Act given her unwaived and material conflict of interest.The court explained that, under controlling Supreme Court precedent, the only legally viable avenue for challenging the plea apparent on the record would have been for counsel to argue that her own and/or her husband's representation of appellant in the decision to plead guilty was constitutionally ineffective. In this case, the fact that counsel chose to pursue a challenge to appellant's guilty plea that was plainly foreclosed by precedent rather than the only potentially viable legal avenue recognized by case law—an ineffective assistance of counsel claim against herself and her spouse—presents an untenable direct and plain conflict of interest between attorney and client. Furthermore, counsel, when she re-inserted herself into appellant's case to file this Section 2255 motion, did not obtain any waiver of the conflict—even assuming a conflict like this is waivable at all. The court explained that counsel never advised appellant that, to be legally viable, a challenge to the voluntary and intelligent nature of his plea based on the suppression of the other wiretaps would require him to level an ineffective assistance of counsel claim aimed at her and/or her husband. Therefore, the court concluded that the conflict of interest persisted throughout and permeated counsel's representation of petitioner in these Section 2255 proceedings. The court reversed and remanded for the appointment of conflict-free counsel to assist with appellant's Section 2255 petition. View "United States v. Scurry" on Justia Law

The Laniers were charged with a scheme to fraudulently obtain government contracts. During deliberations, a juror contacted assistant district attorney Nelson—a social acquaintance, not involved with the Laniers's case. Nelson informed the district judge that Juror 11 called her and said that there was a “problem” with the deliberations. No juror alerted court personnel to any problems. Convicted, the Laniers unsuccessfully requested to interview the jurors and moved for a mistrial. No one interviewed the jurors nor questioned Nelson in open court. The Sixth Circuit remanded for a Remmer hearing in 2017.On remand, the district court summoned the jurors and Nelson, ordering them not to discuss or research the case. Juror 11 nonetheless texted Nelson, suggesting that the juror had researched the case online. Nelson reported the texts to the district judge, who failed to notify the Laniers but ordered Juror 11 to preserve her texts and web-browsing history. Weeks later, the court ordered Juror 11 to turn over her phone and laptop and asked his IT staffer and law clerk to examine the devices. They discovered that the web-browsing data had been deleted. The Laniers unsuccessfully sought a full forensic exam. After Sixth Circuit intervention, the court allowed the Laniers’ expert to forensically examine the devices. Juror 11 revealed that she had discarded her phone months earlier; any potentially deleted texts and web-browsing data are unrecoverable.The district court denied the Laniers’ motions for a new trial. The Sixth Circuit reversed. The Laniers were deprived of a “meaningful opportunity” to demonstrate juror bias and are entitled to a new trial to be held before another district judge. View "United States v. Lanier" on Justia Law

In 2016, Hill pleaded no contest to felony possession of a firearm by a convicted felon (case CR940896). The court suspended imposition of sentence and placed Hill on three years' felony probation. In 2019, a Clearlake police officer noticed Hill outside of a liquor store, approached, obtained Hill’s name, and conducted a records check, which revealed that Hill was on postrelease community supervision. As the officer returned, Hill “produced” a knife and placed it on a pole. Hill said he needed the knife “for protection” and that he had it shoved down his sleeve. Hill pleaded no contest to concealing a dirk or dagger (case CR953084) and admitted a probation violation in case CR940896. The plea was open with a maximum possible sentence of 32t months.The trial court revoked his probation in case CR940896 and sentenced Hill in both cases to an aggregate term of 32 months. The court of appeal affirmed, rejecting Hill’s argument that his attorney was ineffective for failing to request a hearing on his eligibility for mental health diversion under Penal Code section 1001.36. Because Hill’s appeal did not attack the validity of his plea but challenged the court’s sentencing discretion relating to section 1001.36, no certificate of probable cause was required. Hill's counsel was not deficient in failing to request an eligibility hearing nor was Hill prejudiced by counsel’s failure to do so. View "People v. Hill" on Justia Law

Dat was born in a Kenyan refugee camp in 1993. Admitted to the U.S. around 1994, he became a lawful permanent resident. Dat pled guilty to robbery, 18 U.S.C. 1951, and was sentenced to 78 months' imprisonment. Dat’s robbery conviction is a deportable offense, 8 U.S.C. 1227(a)(2)(A)(iii). Dat moved to vacate his guilty plea, claiming that his attorney, Allen, assured him that his immigration status would not be affected by his plea. Allen testified that she repeatedly told Dat the charges were “deportable offenses,” that she never told him, his mother, or his fiancée that he would not be deported. that she encouraged Dat to hire an immigration attorney, and that they reviewed the Plea Petition, which says that non-citizens would be permanently removed from the U.S. if found guilty of most felony offenses. The Plea Agreement refers to immigration consequences. Dat and Allen also reviewed the PSR, which stated that immigration proceedings would commence after his release from custody.The Eighth Circuit affirmed the denial of relief, finding that Dat was not denied effective assistance of counsel. It was objectively reasonable for Allen to tell Dat that he “could” face immigration ramifications that “could” result in deportation. An alien with a deportable conviction may still seek “relief from removal. These “immigration law complexities” should caution any defense attorney not to advise a defendant considering a guilty plea that the result of a post-conviction, contested removal proceeding is certain. View "Dat v. United States" on Justia Law

The Supreme Court reversed Defendant's conviction of first degree murder and sentence of life imprisonment, holding that the per se improper political activity of the prosecutor campaigning for a judicial position during trial so infected the integrity of the proceeding as to warrant a new trial.This was Defendant's third trial for the murder of Jesse Hamilton. The first conviction was reversed on appeal, and a mistrial occurred on remand. After a third trial, Defendant was again convicted of murder. Prosecutor Stephanie Barrett prosecuted the case, and at the time of the third trial, Barrett was campaigning for a position in the Arkansas Court of Appeals. Defendant moved for a mistrial based on an appearance of impropriety. The motion was denied. Following his conviction, Defendant appealed the circuit court's decisions related to the prosecutor's campaigning and solicitation of signatures at the courthouse. The Supreme Court reversed, holding that the prosecutor's improper political activity and the failure of the trial court to resolve the situation so compromised the integrity of Defendant's trial as to warrant a new trial. The Court remanded the case for a fourth trial. View "Stanton v. State" on Justia Law

The issue presented for the Colorado Supreme Court's review in this interlocutory appeal was whether the district court abused its discretion in disqualifying the Fifth Judicial District Attorney's office. The district attorney and the elected coroner of Lake County, Colorado, Shannon Kent, did not get along. Brown prosecuted Kent for perjury, a class 4 felony, and second degree official misconduct, a class 1 petty offense. After the case had been pending for approximately nine months, Kent filed a motion to disqualify Brown’s office, arguing that he was unlikely to receive a fair trial based on Brown’s personal interest in the case and the existence of special circumstances. Following briefing and an evidentiary hearing, the district court granted the motion. The trial court determined each special circumstance, “in and of itself,” did not warrant disqualification, but “viewed as a totality,” sufficed for the exceptional remedy sought by Kent. The Supreme Court determined the district attorney's office should not have been disqualified, finding the trial court failed to adequately explain how the circumstances in question, though individually inadequate to warrant disqualification, justified the extraordinary relief requested when considered together. "And the record before us reflects that Kent plainly failed to satisfy his burden of establishing that he would be unlikely to receive a fair trial if Brown’s office continues prosecuting this case. ... Even assuming the circumstances at issue 'may cast doubt' upon Brown’s 'motives and strategies' in this case, 'they do not play a part in whether [Kent] will receive a fair trial.'" View "Colorado v. Kent" on Justia Law

The issue presented for the Colorado Supreme Court's review in this interlocutory appeal was whether the district court abused its discretion in disqualifying the Fourth Judicial District Attorney's office. Erica Arellano was charged with second degree murder for shooting and killing her boyfriend, M.H. Arellano claimed that, during the relationship, M.H. perpetrated domestic violence on her and that self-defense would be a critical issue and the crux of Arellano’s defense. A.H. was an employee of the district attorney’s office and was married to, but separated from, M.H. at the time of his death. A.H. was a potentially significant witness in this case because she had (and already provided to the district attorney’s office) information tending to undermine Arellano’s claim of self-defense. In light of A.H.’s relationship with the district attorney’s office and the significance of her testimony to this case, Arellano filed a motion to disqualify the district attorney’s office under section 20-1-107(2), C.R.S. (2020). The district court held a hearing on this motion and, in a lengthy and detailed bench ruling, found that, on the facts presented, special circumstances existed making it unlikely that Arellano could receive a fair trial. The court thus granted Arellano’s motion to disqualify. The State then filed this interlocutory appeal. The Supreme Court determined the district court did not abuse its discretion in disqualifying the district attorney's office, thus affirming the court's order and remanding this case for further proceedings. View "Colorado v. Arellano" on Justia Law

At issue before the Michigan Supreme Court in this case was whether defendant, Troy Antonio Brown, was entitled to a new trial because the detective who conducted defendant’s police interview testified falsely against him. The Court concluded: (1) the detective’s testimony against defendant was false; (2) the prosecutor failed to correct the false testimony; and (3) there was a reasonable likelihood that the uncorrected false testimony affected the judgment of the jury. Therefore, judgment of the Court of Appeals was reversed, defendant’s conviction was vacated, and the matter remanded to the trial court for a new trial. View "Michigan v. Brown" on Justia Law

Police responding to a report of O’Hearn acting erratically had previously dealt with him. They suspected O’Hearn had “mental health issues” but, after he threatened to kill his neighbors, they arrested O’Hearn for making criminal threats and violating conditions of probation. O’Hearn had four prior felony convictions. During the ensuing months, O’Hearn was represented by three attorneys and pled guilty.Then-counsel Selby failed to sign O’Hearn's Cruz/Vargas Waiver. The PSR noted that O’Hearn had bi-polar disorder and was not taking his medication at the time of the offense. Another attorney filed a motion to vacate the plea, arguing that it was the consequence of ineffective assistance. Counsel “barely met" with O'Hearn, failed to attend the sentencing hearing, lost the case file, never explained potential defenses, did not inquire about O'Hearn's extensive mental health history, and did not advise him of the consequences or alternatives. O’Hearn’s 800-page medical record showed hospitalizations for mental health problems and a history of schizophrenia. Selby had been repeatedly found to have failed to provide competent legal services. The victims, one of whom had a criminal history, had interacted with O’Hearn for many years. Conviction of making criminal threats requires specific intent, which can be negated by a mental disorder.The court of appeal reversed the denial of O’Hearn’s motion to vacate his plea. Selby never asserted any strategic reason for failing to learn whether his client’s mental state provided the basis for a possible mental defense and the deficient representation was prejudicial. View "People v. O'Hearn" on Justia Law