Justia Legal Ethics Opinion Summaries

Larry D. Huggins III was convicted of felony murder, attempted aggravated robbery, aggravated burglary, and conspiracy to commit aggravated robbery following a series of events that led to the deaths of two young men. Huggins and his accomplices planned to rob O.H., a minor who sold marijuana, but the plan went awry, resulting in a shootout. Huggins was injured and later arrested. At trial, Huggins testified, denying any intent to rob and claiming he was merely trying to buy marijuana.The Shawnee District Court found Huggins guilty on all counts. He was sentenced to a hard 25 life sentence for felony murder, with additional consecutive sentences for the other charges, totaling a minimum of 25 years plus 103 months. Huggins was also ordered to pay $2,500 in attorney fees.The Kansas Supreme Court reviewed several issues on appeal. Huggins argued that the jury instructions were erroneous because they did not match the charging document, which listed two victims for the attempted aggravated robbery. The court found the instructions legally appropriate as they included all statutory elements of the crime. Huggins also claimed insufficient evidence for his convictions, but the court held that the State did not need to prove he intended to rob both victims named in the charging document.Huggins challenged the voluntariness of his statements to police, arguing he was under the influence of medication and fatigued. The court found his statements voluntary, noting he was coherent and calm during the interview. Huggins also contested the admissibility of Facebook messages obtained via a search warrant, but the court ruled he failed to preserve this issue for appeal.The court found no prosecutorial error in the prosecutor's comments during closing arguments and rejected Huggins' claim of cumulative error. However, the court vacated the imposition of attorney fees, remanding the case for reconsideration of Huggins' ability to pay. The Kansas Supreme Court affirmed the convictions but vacated and remanded the fee imposition. View "State v. Huggins" on Justia Law

In December 1974, Peter Sulfaro was shot and killed during an armed robbery at his shoe repair shop. His son, Paul Sulfaro, was the only witness. Three men, including Raymond Gaines, were convicted of the crime. Decades later, Gaines filed a motion for a new trial, citing new evidence and issues with the original trial.Gaines's convictions were affirmed by the Supreme Judicial Court of Massachusetts in 1978. He made several unsuccessful attempts for postconviction relief. In 2021, he filed his fourth motion for a new trial, which was granted by a Superior Court judge. The Commonwealth appealed this decision to the Supreme Judicial Court for the county of Suffolk.The Supreme Judicial Court of Massachusetts reviewed the case and upheld the decision to grant a new trial. The court found that new scientific research on eyewitness identification, which was not available at the time of the original trial, could have significantly impacted the jury's deliberations. Additionally, the court found that the Commonwealth failed to disclose exculpatory evidence, including a note about a leg injury Gaines sustained before the crime and the arrest of a key witness, David Bass, which could have been used to challenge his credibility. The court also noted that the Commonwealth had an ethical duty to disclose any witness recantations, regardless of their credibility or timing.The court concluded that the combination of these factors indicated that justice may not have been done in the original trial, and therefore, a new trial was warranted. The decision to grant a new trial was affirmed. View "Commonwealth v. Gaines" on Justia Law

Four appellants sought post-conviction relief in Elkhart County, Indiana, alleging systemic police and prosecutorial misconduct that led to wrongful convictions. They argued that the judge, who had recused herself in a similar prior case involving Andrew Royer, should also recuse herself from their cases due to similar concerns about impartiality. The judge had previously recused herself in Royer's case because she had characterized Royer's attorney's comments as "defamatory" and had worked with many of the witnesses Royer intended to call, raising questions about her impartiality.In the lower courts, the Elkhart Circuit Court judge denied the appellants' motions for recusal, reasoning that her prior employment as a deputy prosecutor did not necessitate recusal and that her comments in Royer's case were misunderstood. The Indiana Court of Appeals affirmed the trial court's decisions, agreeing with the judge's reasoning.The Indiana Supreme Court reviewed the case and concluded that the judge's prior decision to recuse in Royer's case should have compelled her to recuse in these cases as well. The Court held that an objective observer, aware of the judge's prior recusal and the similar concerns raised in these cases, would reasonably question her impartiality. The Court emphasized that the judge's entanglement with the evidence had only deepened, and there was no change in circumstances that would eliminate the concerns leading to her initial recusal.The Indiana Supreme Court reversed the trial court's orders denying the motions for recusal and remanded the cases with instructions to grant the motions, ensuring that the judge recuses herself from these proceedings. View "Seabolt v. State" on Justia Law

The case involves a motor vehicle collision near the entrance to Hickam Air Force Base in Honolulu, where Charles Yuen allegedly rear-ended another car. Military police (MPs) arrived at the scene, identified Yuen as the driver, and conducted field sobriety tests and a preliminary alcohol screening. They then detained Yuen until Honolulu Police Department (HPD) officers arrived, who conducted their own tests and arrested Yuen for operating a vehicle under the influence of an intoxicant (OVUII).The District Court of the First Circuit of the State of Hawai'i adjudicated Yuen guilty of OVUII based on the testimony of HPD officers. The Intermediate Court of Appeals (ICA) affirmed the conviction, finding that there was substantial evidence to support it. However, the ICA did not find sufficient evidence in the record to establish ineffective assistance of counsel due to the failure to file a motion to suppress evidence based on a violation of the Posse Comitatus Act (PCA).The Supreme Court of the State of Hawai'i reviewed the case and held that Yuen's trial counsel was ineffective for not filing a motion to suppress evidence obtained by the MPs, which could have been considered a violation of the PCA. The court found that this failure constituted ineffective assistance of counsel as it potentially impaired a meritorious defense. The court also agreed with the ICA that there was substantial evidence to support Yuen's conviction. Consequently, the Supreme Court vacated Yuen's OVUII conviction and remanded the case to the district court for further proceedings consistent with its opinion. View "State v. Yuen" on Justia Law

In 2018, Brevan Bringhurst Baugh was charged with two counts of aggravated sexual abuse of a child. The prosecution presented evidence of three instances of alleged abuse, distinguished by location, while the charges were distinguished by date. During closing arguments, the prosecution told the jury they could use any two of the three instances to fulfill the elements of the charged counts. The jury convicted Baugh on one count and acquitted him on the other.Baugh appealed to the Utah Court of Appeals, arguing that the jury might not have unanimously agreed on which instance of abuse supported the conviction. He also claimed his counsel was ineffective for not requesting specific jury instructions on unanimity. The court of appeals agreed, finding that the jury instructions were ambiguous and could have led to a non-unanimous verdict. The court vacated Baugh’s conviction.The Utah Supreme Court reviewed the case on certiorari. The court affirmed the court of appeals' decision, holding that Baugh’s counsel performed deficiently by failing to request more specific unanimity instructions. The court noted that the risk of a non-unanimous verdict was significant due to the way the evidence and charges were presented. The court also found that there was a reasonable probability that the jury would not have convicted Baugh if proper unanimity instructions had been given. Therefore, the court concluded that Baugh’s counsel was ineffective, and the conviction was vacated. View "State v. Baugh" on Justia Law

A Los Angeles County Sheriff’s Department deputy entered the curtilage of Harson Chong’s home without a warrant, leading to the discovery of drugs, guns, and money. Chong and Tac Tran, who was present at the home, were subsequently charged with federal drug and gun offenses. They claimed ineffective assistance of counsel because their attorneys did not object to the search on Fourth Amendment grounds.The United States District Court for the Central District of California initially denied their suppression motions, ruling the search justified by the parole-search exception. However, after the Ninth Circuit’s decision in United States v. Grandberry, the district court reversed, finding insufficient probable cause that Tran resided at Chong’s home. Despite this, the court upheld the search based on exigent circumstances. Chong and Tran were convicted, and their convictions were affirmed on direct appeal. They then filed post-conviction motions under 28 U.S.C. § 2255, which the district court denied, finding no ineffective assistance of counsel.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that the deputy’s entry onto the curtilage without a warrant, consent, or exigency was unreasonable under the Fourth Amendment. The court found Chong’s counsel ineffective for not moving to suppress the evidence, as the search was clearly unlawful. However, Tran lacked standing to challenge the search, as he did not reside at Chong’s home and was merely a visitor. Consequently, the court reversed the district court’s denial of Chong’s § 2255 motion and remanded for relief, but affirmed the denial of Tran’s motion. View "Chong v. United States" on Justia Law

Rendell Russell was convicted in 2022 for malice murder and related crimes after killing Gregory James with a machete. The incident occurred on October 27, 2020, following Russell's breakup with his girlfriend, Kenisha Shepherd. On the night of the crime, Russell entered Shepherd's apartment uninvited, where James, Shepherd's new boyfriend, was staying. Despite being asked to leave, Russell returned with a machete, confronted James, and ultimately attacked him, resulting in James's death from multiple sharp and blunt force injuries.A Cobb County grand jury indicted Russell on several charges, including malice murder, felony murder, and aggravated assault. The trial court bifurcated the firearm possession count. In March 2022, a jury found Russell guilty on all counts. The trial court sentenced him to life without parole for malice murder and additional concurrent and consecutive terms for other charges. Russell's motion for a new trial was denied by the trial court in December 2023, leading to this appeal.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the evidence was sufficient to support the jury's verdict, rejecting Russell's claim of self-defense. The court found that Russell was the aggressor and that the State had disproved his justification defense beyond a reasonable doubt. Additionally, the court rejected Russell's claim of ineffective assistance of counsel, concluding that his trial counsel's decision not to file a pretrial motion for immunity was a reasonable strategic choice. The court determined that there was little chance such a motion would have been successful given the evidence against Russell. View "Russell v. State" on Justia Law

Heraclio Osorio-Arellanes was involved in a firefight with U.S. Customs and Border Patrol agents in Arizona, resulting in the death of Agent Brian Terry. Osorio fled to Mexico, where he was later arrested and interrogated by U.S. officials in a Mexico City prison. During this interrogation, he confessed to key elements of the government's case on the advice of a Mexican attorney, Juan Salvador Pimentel. Osorio's confession was later used against him in court.The District Court for the District of Arizona initially suppressed Osorio's confession on Sixth Amendment grounds but later reversed this decision following a government motion for reconsideration. Consequently, the confession was admitted at trial, leading to Osorio's conviction on multiple charges, including first- and second-degree murder, conspiracy to interfere with commerce by robbery, and assault on a federal officer.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court found that Pimentel's advice during the interrogation was deficient and prejudicial under the framework established in Strickland v. Washington. Specifically, Pimentel erroneously advised Osorio that robbing drug smugglers was not a crime, leading Osorio to confess. The court held that this advice was legally unjustifiable and that there was a reasonable probability that, absent this advice, Osorio would not have been convicted.The Ninth Circuit reversed the district court's order reconsidering the suppression of Osorio's confession, vacated his convictions and sentences, and remanded the case for further proceedings. The court did not address Osorio's Fifth Amendment claim, as the Sixth Amendment claim was sufficient to decide the case. The dissenting judge would have affirmed the conviction and required Osorio to pursue his ineffective assistance of counsel claim through a 28 U.S.C. § 2255 motion in the district court. View "United States v. Osorio-Arellanes" on Justia Law

Robert Mason Elliott was charged with multiple federal offenses, including possession of firearms, sexual exploitation of a minor, and plotting to murder the minor and her mother. Elliott retained Attorney Brandon Sample for his defense. Over a year into the representation, Sample discovered a controlled substance hidden in documents meant for Elliott and sought to withdraw from the case. The court, however, denied Sample's motion, emphasizing Elliott's right to counsel of his choice. Elliott later reached a plea agreement and pleaded guilty to five counts.The United States District Court for the Southern District of Indiana initially handled the case. After Sample's motion to withdraw was denied, Elliott continued with Sample as his attorney. Elliott later filed a second motion to determine his mental competency, which the court granted, and he was found competent to stand trial. Elliott eventually entered a plea agreement, pleading guilty to two counts of murder for hire, two counts of witness tampering, and one count of being a felon in possession of a firearm and ammunition. The court sentenced him to 520 months of imprisonment.The United States Court of Appeals for the Seventh Circuit reviewed the case. Elliott argued that Sample had a conflict of interest and that the district court violated his Sixth Amendment right by not informing him of this conflict, rendering his guilty plea involuntary. The appellate court held that Elliott's Sixth Amendment claim was not foreclosed by the appellate waiver in his plea agreement. However, the court concluded that even if Sample had a conflict of interest, Elliott could not demonstrate that he was adversely affected by it. Therefore, the court affirmed the district court's judgment. View "USA v. Elliott" on Justia Law

James M. Briggs, Jr. was charged with two counts of second-degree assault for attacking two employees at the Lincoln Correctional Center (LCC) on April 21, 2021. The charges were based on allegations that Briggs punched one employee, Parwiz Masoodi, multiple times and kicked another employee, Desaray Kerns, in the face while they were trying to restrain him. Both employees sustained bruising and received emergency medical care.The District Court for Lancaster County held a jury trial in May 2023, where both victims testified, and security footage of the incident was presented. Briggs moved to dismiss the charges at the close of the State’s evidence, arguing insufficient evidence, but the court denied the motion. The jury found Briggs guilty on both counts. At sentencing, the court found Briggs to be a habitual criminal and sentenced him to two consecutive terms of 10 to 12 years’ imprisonment, with a 10-year mandatory minimum for each count.The Nebraska Supreme Court reviewed the case. Briggs argued that the jury instructions were incorrect because they did not include "unlawful" as an element of the offense and that his trial counsel was ineffective for not objecting to this omission. The court found that the instructions, when read as a whole, correctly stated the law and encompassed all material elements of the charged crime. Therefore, Briggs' counsel was not deficient.Briggs also contended that his counsel was ineffective for not informing the court of amendments to the habitual criminal statute that reduced the mandatory minimum sentence. The court noted that the amendments were not in effect at the time of sentencing, so counsel was not deficient. However, applying the rule from State v. Randolph, the court vacated Briggs' sentences and remanded for resentencing under the amended statute, which mitigated the punishment. The convictions were affirmed, but the sentences were vacated and remanded for resentencing. View "State v. Briggs" on Justia Law