Justia Legal Ethics Opinion Summaries

Two workers' compensation claimants, represented by attorney David Graham, settled their claims with Southeast Alaska Regional Health Consortium (SEARHC) except for attorney's fees. The Alaska Workers' Compensation Board awarded Graham significantly less than he requested. The Alaska Workers' Compensation Appeals Commission affirmed the Board's decision, but the Alaska Supreme Court reversed it, instructing the Commission to consider enhanced fees. On remand, the Commission did not change the fee award, leading to another appeal.The Alaska Workers' Compensation Appeals Commission initially affirmed the Board's reduced fee award. The Alaska Supreme Court reversed this decision, clarifying that the Alaska Workers' Compensation Act allows for enhanced fees and remanded the case for reconsideration. On remand, the Commission again awarded $450 per hour, citing past awards and the factors in Alaska Rule of Professional Conduct 1.5(a), but did not enhance the fee despite acknowledging the complexity and novelty of the issues.The Alaska Supreme Court reviewed the Commission's decision, finding that the Commission abused its discretion by not adequately considering the factors that supported an enhanced fee. The Court emphasized the need for the Commission to apply the modified lodestar method, which involves calculating a baseline fee and then considering whether to adjust it based on various factors, including the complexity and novelty of the case and the contingent nature of the work. The Court vacated the Commission's fee award and remanded the case, directing the Commission to enhance the fees based on its findings. The Court also clarified that the Commission must consider all relevant factors and not rely solely on past awards. View "Rusch v. Southeast Alaska Regional Health Consortium" on Justia Law

Jason Kertz applied for social security disability benefits in October 2019, citing disabilities including PTSD, back and leg problems, and sleep apnea, with an onset date of March 16, 2018. His initial claim was denied, and an SSA administrative law judge (ALJ) also found him not disabled after a hearing. The SSA Appeals Council upheld this decision in February 2021. Kertz then hired attorney Nicholas Coleman to represent him in federal court. Coleman and Kertz agreed on a contingent-fee arrangement of 25% of any past-due benefits awarded.Coleman filed a civil action in the Eastern District of Arkansas, which resulted in the court remanding the case to the SSA for further proceedings. The district court awarded Coleman $5,426.08 in attorney’s fees under the Equal Access to Justice Act (EAJA). On remand, the ALJ issued a Fully Favorable Decision in December 2022, finding Kertz disabled since the alleged onset date. The SSA notified Kertz of his entitlement to $96,349.00 in past-due benefits, withholding 25% as potential attorney fees. Coleman then sought 25% of the past-due benefits as per the contingent-fee agreement.The United States District Court for the Eastern District of Arkansas granted Coleman’s motion for attorney’s fees in part, awarding $10,667.50 instead of the requested $24,087.25. The court found that the full 25% fee was not reasonable given the circumstances, including the limited time Coleman spent on the case and the lack of substantive court review due to the unopposed remand.The United States Court of Appeals for the Eighth Circuit reviewed the case and affirmed the district court’s decision. The appellate court held that the district court did not abuse its discretion in reducing the fee award, as it appropriately considered the reasonableness of the fee in light of the services rendered and avoided a windfall to the attorney. View "Kertz v. Colvin" on Justia Law

Karsen H. Rezac was involved in a vehicular collision on December 23, 2022, in Lincoln, Nebraska, which resulted in the shooting death of Kupo Mleya. Rezac, who was identified as a suspect based on vehicle debris and witness reports, admitted to firing shots at Mleya's vehicle after the collision. Rezac was charged with second-degree murder and use of a firearm to commit a felony. He later pled no contest to second-degree murder as part of a plea agreement, and the firearm charge was dropped.The district court for Lancaster County, Nebraska, denied Rezac's motion to continue his sentencing hearing, which he requested to allow more time to gather and review his mental health records. The court proceeded with the sentencing, considering the presentence investigation report and supplemental items. Rezac was sentenced to 60 years to life imprisonment. Rezac appealed, arguing that the court abused its discretion in denying the continuance and imposing an excessive sentence, and that his trial counsel was ineffective in several respects.The Nebraska Supreme Court reviewed the case and found that Rezac forfeited his argument regarding the denial of the continuance by failing to raise the issue at the sentencing hearing. The court also found no abuse of discretion in the sentencing, as the district court had considered the relevant mitigating factors. The court rejected Rezac's claims of ineffective assistance of counsel related to the failure to move to suppress his statement to law enforcement and the failure to explain the penalties for second-degree murder, finding that the record refuted these claims.However, the court found the record insufficient to address Rezac's claims that his trial counsel was ineffective for advising him that self-defense was not a viable argument, failing to explain the difference between second-degree murder and involuntary manslaughter, and failing to provide his mental health records to probation or the court. The court affirmed Rezac's conviction and sentence but noted that these claims of ineffective assistance of counsel could not be resolved on direct appeal due to the insufficient record. View "State v. Rezac" on Justia Law

Judge Carlos Moore, a municipal court judge for the cities of Clarksdale and Grenada, faced allegations of misconduct related to his social media posts and public comments. The Mississippi Commission on Judicial Performance (the Commission) claimed that Moore's actions violated the Mississippi Constitution, the Code of Judicial Conduct, and a Memorandum of Understanding (MOU) between the Commission and Moore. The Commission's allegations stemmed from Moore's social media activity in 2021 and 2022, where he posted content that could be perceived as advertising his law practice and making racially charged comments.The Commission had previously warned Moore in 2019 about posting information on social media regarding cases he heard in court. In 2020, Moore and the Commission entered into an MOU, where Moore agreed to limit his social media posts to court-related information and not use his judicial title for personal or political purposes. Despite this agreement, Moore continued to post under the name "Judge Carlos Moore" and made public comments that the Commission deemed inappropriate.The Commission filed a Formal Complaint against Moore in July 2022, alleging violations of the Mississippi Constitution and the Code of Judicial Conduct. Moore did not respond to the complaint or participate in the Commission's proceedings. The Commission recommended Moore's removal from office, a six-year suspension, and a $5,000 fine.The Supreme Court of Mississippi reviewed the case and found that Moore's actions constituted willful misconduct and were prejudicial to the administration of justice. The Court held that Moore's comments on social media and television violated the judicial-conduct canons and the MOU. The Court ordered Moore's removal from the bench, a $3,000 fine, and assessed all costs. The Court emphasized that Moore's actions undermined public confidence in the judiciary and warranted a harsh sanction. View "Mississippi Commission on Judicial Performance v. Moore" on Justia Law

In 2017, John Cridler-Smith was convicted of possession with intent to distribute more than five pounds of marijuana. The case began when a postal worker in Loudoun County, Virginia, noticed a suspicious parcel from California, a known source state for marijuana trafficking. Law enforcement obtained a search warrant and found over six pounds of marijuana in the parcel. A controlled delivery was conducted to Cridler-Smith’s brother’s residence, where Cridler-Smith was later seen. Inside the residence, officers found drug paraphernalia and another parcel containing marijuana. Cridler-Smith admitted to shipping the marijuana during an interview with Detective Chris Staub.The Loudoun County Circuit Court denied Cridler-Smith’s petition for a writ of habeas corpus, which claimed ineffective assistance of counsel. Cridler-Smith argued that his pre-trial counsel advised him to cooperate with law enforcement without adequate investigation and that his trial counsel failed to move to suppress his incriminating statements. The circuit court found that counsel’s advice was tailored to Cridler-Smith’s objectives of protecting his brother and minimizing jail time. The court initially found that Cridler-Smith had stated a claim regarding the failure to suppress his confession but later dismissed the claim upon reconsideration.The Supreme Court of Virginia reviewed the case and found that counsel’s initial advice regarding cooperation was reasonable given Cridler-Smith’s stated objectives. However, the court determined that the failure to seek suppression of Cridler-Smith’s confession might constitute ineffective assistance. The court noted that the applicability of Rule 3A:8(c)(6) to the confession required resolution of a factual question that the circuit court did not definitively address. The Supreme Court of Virginia reversed the circuit court’s judgment and remanded the case for further proceedings to resolve whether the statements were made in connection with an offer to plead guilty. View "Cridler-Smith v. Clarke" on Justia Law

In this case, the defendant, a local attorney, was contracted by Theory Wellness, a marijuana dispensary operator, to assist in obtaining a host community agreement from the City of Medford, Massachusetts. Instead of legitimate lobbying, the defendant attempted to bribe Medford's chief of police through the chief's brother. This led to the defendant's convictions on two counts of honest-services wire fraud and one count of federal programs bribery.The United States District Court for the District of Massachusetts presided over the trial, where a jury convicted the defendant on all counts. The defendant was sentenced to concurrent twenty-four-month terms of imprisonment. The defendant appealed, challenging the sufficiency of the evidence, the admission of certain testimony, and the jury instructions.The United States Court of Appeals for the First Circuit reviewed the case. The court vacated the honest-services wire fraud convictions, finding that the district court erroneously admitted the only evidence establishing the jurisdictional element of those counts. However, the court affirmed the federal programs bribery conviction, concluding that the evidence was sufficient to support the jury's finding that the defendant intended to bribe the chief of police.The court held that the defendant's actions constituted a bribery scheme under 18 U.S.C. § 666, even if the defendant did not believe the chief had accepted the bribe. The court also found that the district court's failure to instruct the jury on the requirement of an "official act" was harmless, as the evidence overwhelmingly supported the conclusion that the defendant sought official acts from the chief. The court rejected the defendant's entrapment defense, finding no improper inducement by the government and that the defendant was predisposed to commit the crime. View "United States v. O'Donovan" on Justia Law

Berry Alexander Davis was involved in the kidnapping and murder of Monique Baugh and the attempted murder of her boyfriend, Jon, on New Year’s Eve in 2019. Baugh was abducted, placed in a U-Haul truck, and fatally shot. Davis and a co-defendant, Cedric Lamont Berry, were charged with first-degree premeditated murder, attempted first-degree premeditated murder, and kidnapping. The State's theory was that Davis and Berry attacked Jon on behalf of Lyndon Wiggins, who had a falling out with Jon. Detective Briana Johnson testified about the relationship between Davis, Berry, and Wiggins, indicating they were involved in drug dealing together. Davis waived his right to testify, and the jury found him guilty on all counts. He was sentenced to life in prison without the possibility of release.On direct appeal, Davis argued that the district court erred in joining his trial with Berry’s and that Detective Johnson’s testimony was inadmissible and prejudicial. The Minnesota Supreme Court rejected these arguments and affirmed his conviction and sentence. Davis also filed a pro se supplemental brief raising several claims, including that his sentence violated his constitutional right to a sentencing jury under Blakely v. Washington. The court found these claims lacked merit.Davis subsequently filed a postconviction petition alleging ineffective assistance of trial and appellate counsel and constitutional violations in his sentencing. The district court summarily denied the petition without an evidentiary hearing, concluding that even if Davis proved the facts alleged, he would not be entitled to relief as a matter of law.The Minnesota Supreme Court reviewed the case and affirmed the district court’s decision. The court held that the district court did not abuse its discretion in denying Davis’s postconviction petition without an evidentiary hearing, as his claims failed on their merits as a matter of law. View "Davis vs. State" on Justia Law

Correctional officers at an Illinois state prison brutally beat inmate Larry Earvin, who later died from his injuries. Todd Sheffler and two others were charged with various federal crimes related to the killing and its cover-up. After a mistrial, Sheffler was retried and found guilty by a jury.In the United States District Court for the Central District of Illinois, Sheffler was convicted on five counts, including conspiracy to deprive civil rights, deprivation of civil rights, conspiracy to engage in misleading conduct, obstruction-falsification of documents, and obstruction-misleading conduct. Sheffler argued that there was no reasonable likelihood that his incident report and interview with state police would reach federal officials, challenging his convictions under 18 U.S.C. § 1512 and § 1519. He also contended that the district court erred in ruling he breached a proffer agreement and allowed a biased juror to sit on his trial. Additionally, he claimed prosecutorial misconduct during the rebuttal closing argument.The United States Court of Appeals for the Seventh Circuit reviewed the case. The court held that sufficient evidence supported Sheffler’s convictions, as it was reasonably likely that his false statements would reach federal officials, given the severity of the crime and the cooperation between state and federal authorities. The court also found no clear error in the district court’s conclusion that Sheffler breached the proffer agreement by making false statements during FBI interviews. Furthermore, the court determined that the district court did not abuse its discretion in handling the juror bias issue or in denying Sheffler’s motion for a new trial based on alleged prosecutorial misconduct.The Seventh Circuit affirmed the district court’s denial of Sheffler’s motion for a new trial and upheld his convictions. View "USA v Sheffler" on Justia Law

Matthew A. LeFande, a suspended member of the District of Columbia Bar, was found by the Board on Professional Responsibility to have committed seven violations of the District of Columbia and Maryland Rules of Professional Responsibility. These violations stemmed from his involvement in several legal matters, including the District Title litigation, the Warren bankruptcy matter, the Carvalho bankruptcy matter, and his own personal bankruptcy. LeFande's misconduct included orchestrating a transfer of funds to conceal assets, filing frivolous bankruptcy petitions, making false statements to tribunals, and failing to comply with court orders.In the District Title litigation, LeFande represented Anita Warren and her son, Timothy Day, after District Title erroneously wired funds to Warren. LeFande directed the transfer of $82,051.81 to a New Zealand bank account, which was seen as an attempt to conceal assets. He later refused to comply with court orders to sit for a deposition, resulting in criminal and civil contempt findings. In the Warren bankruptcy matter, LeFande filed a petition to avoid deposition, which was deemed frivolous, leading to sanctions. In the Carvalho bankruptcy matter, LeFande's actions were found to be in bad faith, resulting in sanctions for frivolous filings and misrepresentations.The District of Columbia Court of Appeals reviewed the case and agreed with the Board's findings of misconduct. The court noted that LeFande's actions were part of a prolonged pattern of dishonesty and interference with the administration of justice. Given the severity and persistence of his misconduct, along with his lack of remorse and failure to participate in the disciplinary process, the court concluded that disbarment was the appropriate sanction. The court ordered that Matthew A. LeFande be disbarred from the practice of law in the District of Columbia. View "In re LeFande" on Justia Law

Plaintiffs Chris Robles and the California Voting Rights Initiative filed a lawsuit against the City of Ontario, alleging violations of the Voting Rights Act and the California Voting Rights Act by conducting at-large elections for city council members, which they claimed diluted the electoral influence of Latino voters. The parties eventually settled, agreeing to transition to district-based elections by 2024 and included a provision for attorney fees incurred up to that point.The Superior Court of San Bernardino County initially sustained the defendants' demurrer with leave to amend, but the parties settled and submitted a stipulated judgment. The stipulated judgment included a provision for $300,000 in attorney fees and outlined the process for transitioning to district elections. Plaintiffs later filed a motion to enforce the stipulated judgment, alleging the city violated several statutory requirements related to the districting process. The trial court found the city had not complied with the stipulated judgment but denied plaintiffs' request for additional attorney fees, stating the settlement did not provide for fees beyond those already paid.The California Court of Appeal, Fourth Appellate District, Division Three, reviewed the case and concluded that the plaintiffs were entitled to seek additional attorney fees under the plain language of the stipulated judgment, which allowed for fees incurred in enforcing its terms. The court reversed the trial court's order denying attorney fees and remanded the case to determine whether plaintiffs were prevailing parties and, if so, the appropriate amount of attorney fees to be awarded. The appellate court clarified that the trial court's assessment of the prevailing party should focus on whether the plaintiffs achieved their litigation objectives. View "Robles v. City of Ontario" on Justia Law