Justia Legal Ethics Opinion Summaries

In 1996, Robert Pope was convicted of murder and sentenced to life imprisonment. He sought post-conviction relief, but his lawyer, Michael J. Backes, abandoned him and failed to take necessary steps to protect Pope's rights. After 14 months of inaction, Pope sought help from Wisconsin's public defender, who informed him that he first needed an extension from the court of appeals. However, the court of appeals denied his request, stating that he had waited too long. Pope then sought relief from the trial court, which also denied his request due to the appellate decision. Despite multiple attempts to reinstate his appeal rights, all were unsuccessful until 2016 when the state acknowledged his right to an appeal.The state court of appeals and the Supreme Court of Wisconsin reversed a 2017 decision granting Pope a new trial due to the absence of a trial transcript, which was not ordered by his lawyer and was later destroyed. The Supreme Court of Wisconsin held that a new trial based on the absence of a transcript is only appropriate if the defendant first makes a "facially valid claim of arguably prejudicial error" that requires a transcript to substantiate. Pope, not being a lawyer and barely remembering the events of 1996, was unable to do so.In the United States Court of Appeals for the Seventh Circuit, Pope filed a petition for collateral review under 28 U.S.C. §2254. The district court issued a conditional writ and directed the state to release Pope unless it set a retrial in motion within six months. The state appealed, leading to a deferral of the deadline. The Court of Appeals affirmed the district court's decision, modifying it to include deadlines for Pope's release on bail and unconditional release if a trial does not start within the specified timeframes. The court noted that Pope had suffered at least two violations of his constitutional rights: the right to assistance of counsel and the right to an appeal equivalent to that available to well-heeled litigants. View "Pope v. Taylor" on Justia Law

Keith Henyard was charged with eight drug-related felonies in Wisconsin. During his preliminary hearing, Court Commissioner Frank Parise presided. Later, Henyard hired Parise as his attorney. Parise secured a plea deal for Henyard, who pleaded guilty to four of the eight charges. The remaining four charges were dismissed but considered during sentencing. Henyard did not raise any objections about Parise's potential conflict of interest during these proceedings. He was sentenced to 12 years in prison followed by 5 years of extended supervision for one count, and 6 years of probation for the other three counts.Henyard later petitioned the Kenosha County Circuit Court for postconviction relief, arguing that Parise's previous role in his preliminary hearing constituted a conflict of interest, rendering his representation ineffective. The circuit court denied his petition, finding that Henyard had not demonstrated an actual or serious potential conflict of interest. The Wisconsin Court of Appeals also rejected Henyard's petition, stating that he had failed to show that Parise's alleged conflict of interest had adversely affected his performance. The Wisconsin Supreme Court denied Henyard's petition for review.Henyard then sought a writ of habeas corpus from the federal district court, which also denied his petition. The court found that Henyard needed to show a conflict that affected counsel's performance, as per the precedent set by the United States Supreme Court. The court concluded that the Wisconsin Court of Appeals' decision complied with this precedent and reasonably applied the law to deny Henyard relief.In the United States Court of Appeals for the Seventh Circuit, Henyard argued that Parise's conflict of interest rendered his representation ineffective. The court affirmed the lower courts' decisions, stating that Henyard had not demonstrated that Parise actively represented conflicting interests or that the alleged conflict adversely affected his performance. The court concluded that the state court's denial of Henyard's petition was neither contrary to nor an unreasonable application of Supreme Court precedent. View "Henyard v. Eplett" on Justia Law

The case involves Jacob Lickers, who was convicted for transporting and possessing child pornography. The conviction was based on evidence found on Lickers' devices, which were seized during a traffic stop and subsequent arrest for drug possession. The initial search of the devices was authorized by a state court warrant, which later suppressed the evidence due to the unconstitutionality of the initial stop and arrest. However, the case was referred to federal authorities who conducted a second search of the devices under a federal warrant. The federal warrant application did not mention the state court's suppression ruling.In the lower courts, Lickers' attorney challenged the constitutionality of the initial stop and arrest, and the adequacy of the state search warrant. The state court agreed, suppressing all evidence seized during the stop and any statements made by Lickers. The state charges were subsequently dismissed. However, in the federal court, the same arguments were unsuccessful. Lickers pleaded guilty, reserving the right to appeal the denial of his motion to suppress. The district court sentenced him to concurrent terms of 132 months' imprisonment on each count.In the United States Court of Appeals For the Seventh Circuit, Lickers argued that his trial and appellate counsel rendered ineffective assistance by failing to argue that the federal agent acted in bad faith by omitting the state court's suppression ruling from the federal warrant application. The court disagreed, finding that the link between the state court's suppression ruling and the federal warrant application was too attenuated to obligate the attorneys to explore the possibility of bad faith. The court affirmed the district court's denial of relief. View "Lickers v. United States" on Justia Law

In the case before the United States Court of Appeals for the Seventh Circuit, the petitioner, Monta Anderson, sought to vacate his guilty plea for conspiring to distribute heroin, claiming that his plea was not knowing and voluntary due to his counsel's alleged ineffective assistance. Anderson argued that his counsel advised him to plead guilty without first consulting a toxicology expert on whether the heroin he distributed was a but-for cause of a user's death. Previously, the court had remanded the case for an evidentiary hearing, concluding that Anderson had articulated a viable claim of attorney ineffectiveness.On remand, Anderson presented evidence that consultation with a toxicology expert would have revealed the government's inability to prove beyond a reasonable doubt that the heroin he supplied was a but-for cause of the user's death. However, the government argued that even without the death-results enhancement, Anderson would have faced a mandatory life term due to his prior felony drug convictions and the fact that two individuals suffered serious bodily injuries from overdosing on heroin supplied by Anderson.Having considered the evidence and arguments, the court concluded that Anderson was not prejudiced by any alleged ineffectiveness of his counsel. Even if the death-results enhancement were discounted, Anderson still faced a mandatory life term due to his prior felony drug conviction and the serious bodily injuries caused by his heroin distribution. As such, his decision to plead guilty and accept a 20-year sentence was reasonable. Therefore, the court affirmed the district court's judgment denying Anderson's motion to vacate his guilty plea. View "Anderson v. United States" on Justia Law

In this case, the plaintiff, Laura Mullen, claimed that the defendants, a youth volleyball club and its owners, fraudulently concealed previous sexual abuse allegations. The district court granted summary judgment in favor of the defendants, but also imposed sanctions against them and their lawyer for improperly interfering with the class notice process. The defendants appealed the sanctions.The United States Court of Appeals for the Seventh Circuit held that the district court did not abuse its discretion or commit clear error in imposing the sanctions. The court found that the defendants had intentionally interfered with the class notice and opt-out process and that their communications with class members during the notice period were potentially coercive. The court also upheld the decision of the district court to impose monetary sanctions against the defendants, which included the plaintiff’s reasonable attorney’s fees and expenses, as well as a civil penalty for each defendant.The court also affirmed the non-monetary sanctions imposed against the defendants' lawyer, who had contacted a class member directly and made a false statement to the court. Although the defendants argued that the lawyer had acted in good faith and did not knowingly or intentionally violate the rules of ethics, the court found that she had taken deliberate action to avoid confirming a high probability of wrongdoing.Finally, the court rejected the defendants' argument that the plaintiff should have been sanctioned. The defendants claimed that the plaintiff’s use of the term “rape” was inaccurate and irrelevant, that her actions before and after filing the complaint were inconsistent, that she did not have a proper basis for bringing the suit, and that she misrepresented evidence. The court found no merit in these arguments and affirmed the district court’s decision to deny sanctions against the plaintiff. View "Mullen v. Butler" on Justia Law

In this case, the defendant, Michael Angelo Tovar, was found guilty of various drug and firearm charges and was sentenced to 101 months in prison. He appealed his sentence, raising three issues: one surrounding his attempts to withdraw his guilty plea for the firearm charges and two concerning the calculation of his sentence.Tovar had sold cocaine to a confidential source twice and was arrested with cocaine and a large amount of cash on his person. A subsequent search of his home found further cash, a firearm, ammunition, and more drugs. Tovar pleaded guilty to all charges but later attempted to withdraw his guilty plea for possessing a firearm in furtherance of a drug trafficking crime, arguing that his counsel had provided ineffective assistance. The district court denied these motions but removed his counsel from the case.Tovar also contested the district court's calculation of his sentence. The court had applied a "controlled substance offense" enhancement based on Tovar's prior Illinois cannabis conviction and had converted the cash found on Tovar's person and in his home to its equivalent marijuana weight as suspected drug proceeds.The United States Court of Appeals for the Seventh Circuit affirmed the district court's ruling. It found no error in the district court's denial of Tovar's motions to withdraw his guilty plea and the calculation of his sentence, including the application of the "controlled substance offense" enhancement and the conversion of the cash to its equivalent marijuana weight. The court also held that the district court did not err in denying Tovar's request for an evidentiary hearing on his motion to withdraw the guilty plea. View "USA v. Tovar" on Justia Law

In this case, the United States Court of Appeals for the Seventh Circuit examined the constitutionality of Cook County, Illinois's use of cameras to record holding cell toilets in courthouses throughout the county. The plaintiffs, pretrial detainees, claimed that the cameras infringed upon their Fourth Amendment privacy interests and also constituted an intrusion upon seclusion under Illinois law. The district court granted summary judgment in favor of the defendants, Cook County and Sheriff Thomas J. Dart, and the plaintiffs appealed.The Court of Appeals held that the plaintiffs did not have a reasonable expectation of privacy when using the toilets in courthouse holding cells. While it acknowledged that there are questions around the extent to which detainees have a reasonable expectation of privacy in their bodies while in a holding cell, it found that any privacy rights are substantially diminished. The court further held that Cook County's use of cameras in courthouse holding cells was reasonable due to the security risks inherent in the setting. The court also determined that one of the plaintiffs, Alicea, had standing to sue, but the other plaintiffs did not.Furthermore, the court affirmed the district court's decision to grant summary judgment on the plaintiffs' claim for intrusion upon seclusion. It held that the plaintiff had not met his burden on the fourth element of the claim, anguish and suffering.Lastly, the court affirmed the district court's decisions related to discovery and attorneys' fees. The court held that the district court did not abuse its discretion in these decisions. Thus, the judgment of the district court was affirmed. View "Alicea v. County of Cook" on Justia Law

Pfister and Evans dealt methamphetamine in Illinois. In 2016, they traveled to Colorado approximately 20 times to buy meth from Wright. After Evans sold several ounces to Heavener, officers searched Heavener’s home and recovered over 50 grams of meth. Heavener knew that Evans got the meth from “Monica” in Colorado.Wright was charged with intent to distribute at least 50 grams of meth and at least 500 grams of a mixture containing meth. She retained Garfinkel. In its opening statement, the government previewed testimony from Evans, Pfister, Heavener, and Deherrera, a Colorado-based middleman. Garfinkle also foreshadowed testimony from Deherrera, referring to him as the government’s witness. During trial, the government alerted the court that Deherrera had stated that Garfinkel had encouraged him to change his testimony. The government referenced Deherrera’s potentially exculpatory testimony but stated that it no longer planned to call him as a witness, noting that if Wright called Deherrera and he testified to being pressured to change his testimony, Garfinkel would have to take the stand to impeach him. Garfinkel denied Deherrera’s allegations. The court questioned Wright, who confirmed she agreed with Garfinkel’s strategy to not call Deherrera, understanding the possibility that Garfinkel was personally motivated. Deherrera did not testify. In closing arguments, Garfinkel described Deherrera’s absence as the missing link—a burden the government had to overcome to convict Wright. Wright was convicted and sentenced to 264 months. The Seventh Circuit affirmed, finding no conflict of interest and sufficient evidence of conspiracy. View "United States v. Wright" on Justia Law

In 2003, Salem received a license to practice law in New York. He applied for but was denied a license to practice in Illinois, where he resides, but maintained an Illinois practice, from 2004-2019, by obtaining permission to appear pro hac vice. The Illinois Attorney Disciplinary and Registration Commission (IARDC) charged him with falsely representing that he was licensed in Illinois and successfully requested that the Illinois Supreme Court prohibit Illinois courts from allowing him to appear pro hac vice for 90 days. Salem filed suit, 42 U.S.C. 1983.The Seventh Circuit affirmed the dismissal of Salem’s suit and ordered him to show cause why he should not be sanctioned. The court first rejected Salem’s argument that every Illinois district judge should be disqualified and the case transferred to Michigan. The court then held that the decision of the Illinois Supreme Court cannot be collaterally attacked in civil litigation. The court noted that the defendant, the IARDC, did not deprive Salem of liberty or property and that there was a rational basis for the Supreme Court’s decision. The court described the litigation as frivolous and noted Salem’s history of “preposterous” behavior in federal court. View "Salem v. Illinois Attorney Registration and Discipinary Commission" on Justia Law

C.B., a minor, suffers from generalized anxiety disorder, depression, and ADHD. During the 2017-2018 school year, the Brownsburg School Corporation determined that C.B. was eligible for accommodations under the Rehabilitation Act. In 2019, C.B. brought a shotgun shell to school with a device believed capable of discharging the shell. Brownsburg recommended expulsion. Conferences and administrative hearings followed. In April 2020, Brownsburg offered to pay for a new independent education evaluation of C.B. and to revisit C.B.’s eligibility for an individualized education plan under the Individuals with Disabilities Education Act (IDEA). C.B.’s parents agreed to various compromises if Brownsburg agreed to pay for all attorney’s fees. In July, Brownsburg indicated willingness to pay part of the fees. C.B.’s parents rejected Brownsburg’s offer and reinstated their initial demands. Brownsburg sought dismissal of the proceedings, citing its concessions and “extreme effort” to resolve this case short of an administrative hearing. The parents requested factual findings regarding attorney’s fees and acknowledgment as the “prevailing party.” The hearing officer ultimately adopted the parties’ concession regarding services for C.B. and dismissed the petitions.C.B.’s parents sued for attorney’s fees under the IDEA’, 20 U.S.C. 1415(i)(3)(B)(i)(I). The district court granted Brownsburg summary judgment. The Seventh Circuit reversed, concluding that the parents were the “prevailing party” and could be eligible for fees. Brownsburg's agreement to provide every student-related remedy set out in C.B.’s parents’ due process request was not binding until the hearing officer issued a finding. View "A. B. v. Brownsburg Community School Corp." on Justia Law