Justia Professional Malpractice & Ethics Opinion Summaries

Kevin Keith Bell was convicted of rape, witness intimidation, and felony domestic battery. He filed a pro-se petition for post-conviction relief, alleging prosecutorial misconduct, actual innocence, and ineffective assistance of counsel. Bell later filed an amended petition through counsel, focusing on three specific instances of ineffective assistance of counsel. The State moved for summary dismissal of the amended petition, which the district court granted. Bell then filed a motion for reconsideration, arguing the district court erred in dismissing his amended petition on grounds not raised by the State. The district court denied the motion.The district court of the Fifth Judicial District of Idaho initially handled Bell's case. After the State moved for summary dismissal, the district court granted the motion, finding Bell had not provided sufficient legal argument to support his claims of ineffective assistance of counsel. Bell's motion for reconsideration was also denied, as the district court concluded that the State had indeed argued the grounds for dismissal and that Bell had failed to demonstrate a genuine issue of material fact.The Supreme Court of the State of Idaho reviewed the case. The court held that Bell failed to preserve his argument regarding the lack of notice for the dismissal of his original claims because he did not raise this issue in his motion for reconsideration. The court also affirmed the district court's dismissal of Bell's claim that his trial counsel was ineffective for failing to inquire into an allegedly biased juror, as Bell did not provide sufficient evidence of actual bias or resulting prejudice. Consequently, the Supreme Court affirmed the district court's judgment dismissing Bell's petition for post-conviction relief. View "Bell v. State" on Justia Law

James Sawyer was involved in two drive-by shootings in Omaha, Nebraska, in February 2019. On February 5, Sawyer, as a passenger in a vehicle driven by Adonus Moses, fired multiple shots from a Draco pistol, injuring Erica Robinson and killing Elijah Foster. Sawyer was charged with seven counts, including first-degree murder and use of a deadly weapon. On February 8, Sawyer again fired the Draco at Aldron Thompson and his brother, missing both. He was charged with five counts, including attempted assault and use of a deadly weapon.The State moved to consolidate the two cases for trial, which the district court granted. A jury trial ensued, and Sawyer was found guilty on all charges. He was sentenced to life imprisonment for the murder conviction and additional consecutive sentences for the other convictions. Sawyer appealed, arguing improper joinder and ineffective assistance of counsel.The Nebraska Supreme Court reviewed the case. It held that the two cases were sufficiently related to be joined for trial, as both involved Sawyer using a Draco in drive-by shootings within a short time frame and geographical proximity. The court found no prejudice to Sawyer from the joinder, as the evidence against him was overwhelming in both cases.Regarding ineffective assistance of counsel, the court found that Sawyer's claims failed. The court determined that counsel's performance was not deficient in failing to move to suppress cell phone and Facebook evidence, as Sawyer had abandoned the phone and the Facebook warrant was supported by probable cause. Additionally, the court found no prejudice from counsel's failure to object to certain evidence, as it was cumulative or not hearsay. Finally, the court found no basis for a competency evaluation before sentencing, as there was no indication of incompetence post-trial. The court affirmed the convictions and sentences. View "State v. Sawyer" on Justia Law

Shelby Ragner was charged with aggravated sexual intercourse without consent, alleging he had sexual intercourse with C.M. while she was severely intoxicated. Ragner's attorney, Alexander Jacobi, did not interview or present Max Weimer as a witness, who later testified that he saw minor injuries on Ragner the morning after the incident. Ragner was found not guilty of aggravated sexual intercourse without consent but was convicted of sexual intercourse without consent (SIWOC). He was sentenced to ten years in prison, with four years suspended. Ragner's direct appeal was denied.Ragner filed a petition for postconviction relief, claiming ineffective assistance of counsel due to Jacobi's failure to interview and call exculpatory witnesses, including Weimer. The District Court found that Jacobi's failure to investigate Weimer's potential testimony fell below the standard of care and granted Ragner's petition, concluding that Jacobi's performance prejudiced Ragner.The Supreme Court of the State of Montana reviewed the case. The court held that even if Jacobi's performance was deficient, Ragner did not demonstrate prejudice as required under the second prong of the Strickland test. The court found that Weimer's limited observation of Ragner's injuries did not significantly alter the evidentiary picture presented to the jury, which included overwhelming evidence of C.M.'s severe intoxication, extensive documented injuries, and Ragner's own admissions. The court concluded that Weimer's testimony would not have reasonably affected the jury's verdict.The Supreme Court of the State of Montana reversed the District Court's decision, holding that Ragner failed to satisfy the prejudice prong of the Strickland test, and remanded the case for amendment of the order consistent with its opinion. View "Ragner v. State" on Justia Law

Michael Lairy petitioned for a writ of habeas corpus under 28 U.S.C. § 2255, arguing that he did not qualify for the Armed Career Criminal Act’s (ACCA) mandatory 15-year sentence and that his counsel was ineffective for not raising this issue. The government did not address the merits of Lairy’s claims but argued that they were raised after the statute of limitations had expired. The district court denied his petition, rejecting Lairy’s arguments that the government forfeited the statute of limitations defense, that he was actually innocent of ACCA, and that he was entitled to equitable tolling.The United States District Court for the Southern District of Indiana held that Lairy’s petition was untimely and that the government did not forfeit the statute of limitations defense. The court also found that Lairy’s claim of actual innocence did not apply because it was a legal, not factual, argument. Additionally, the court denied Lairy’s request for equitable tolling without conducting an evidentiary hearing.The United States Court of Appeals for the Seventh Circuit reviewed the case and agreed with the district court’s evaluation of forfeiture and actual innocence. However, the appellate court found that the district court abused its discretion by rejecting equitable tolling without first conducting an evidentiary hearing. The Seventh Circuit vacated the denial of the petition and remanded the case to the district court to conduct an evidentiary hearing on equitable tolling. The court affirmed the judgment in all other respects. View "Lairy v. United States" on Justia Law

The applicant was convicted of second-degree murder by a Lafourche Parish jury for the shooting death of Deeric Raymond during a confrontation outside the applicant’s home. The incident occurred when Deeric and his brother Javonnie arrived to collect a debt and exchange custody of a child. A physical altercation ensued, resulting in Deeric’s death from a gunshot wound. The central issue at trial was whether the applicant acted in self-defense or was the initial aggressor. The jury rejected the self-defense claim and found the applicant guilty.The trial court sentenced the applicant to life imprisonment without parole. The Louisiana Court of Appeal affirmed the conviction, finding sufficient evidence to support the jury’s rejection of the self-defense claim. The applicant then filed for post-conviction relief, claiming ineffective assistance of counsel. The district court denied relief, stating no new evidence was presented that would have changed the jury’s verdict. The Court of Appeal denied writs without explanation, leading the applicant to seek review from the Supreme Court of Louisiana.The Supreme Court of Louisiana found merit in some of the ineffective assistance of counsel claims. The court determined that the applicant’s trial attorney failed to use available evidence to impeach the testimony of Javonnie, did not consult a forensic expert, and advised the applicant not to testify. These errors were deemed unreasonable and prejudicial, undermining confidence in the trial’s outcome. The court held that the applicant’s counsel’s performance fell below an objective standard of reasonableness and that there was a reasonable probability of a different outcome but for these errors. Consequently, the Supreme Court of Louisiana reversed the district court’s judgment, vacated the conviction and sentence, and remanded the case for a new trial. View "State v. Thomas" on Justia Law

On the evening of May 2, 2021, and into the early hours of May 3, 2021, an incident occurred at the home of Judy Foster involving her adoptive son, Donald Edward Foster, and M.W., an 18-year-old acquaintance. Foster, armed with a knife and later a handgun, threatened both women, restrained and bound them, and moved them to the basement. He isolated Judy in a bathroom and then committed multiple distinct acts of sexual assault against M.W., including oral, anal, and attempted vaginal penetration, each separated by time, location, and intervening events. After several hours, M.W. convinced Foster to leave the house, and he was apprehended by law enforcement.The State charged Foster with multiple counts, including aggravated sexual intercourse without consent, attempted sexual intercourse without consent, and aggravated kidnapping. During jury selection, the State disclosed newly discovered evidence from Foster’s cellmate, leading to an in-chambers discussion from which Foster was absent due to safety concerns. Foster’s counsel moved for a continuance, which the District Court of the Thirteenth Judicial District, Yellowstone County, granted. Foster later ratified this decision. At trial, the State did not use the cellmate’s evidence, and the jury convicted Foster on all counts.The Supreme Court of the State of Montana reviewed Foster’s claims of ineffective assistance of counsel, statutory violations regarding multiple charges from the same transaction, and due process violations for his absence from a critical stage. The court held that counsel was not ineffective for failing to object to multiple charges, as each offense was based on distinct acts. The court also found that Foster’s absence from the in-chambers discussion was harmless error, as he was promptly informed and ratified the decision, and the evidence in question was not used at trial. The court affirmed Foster’s convictions. View "State v. Foster" on Justia Law

John Padgett was convicted of malice murder for the strangling death of his former girlfriend, Wynesha Medley. Medley ended their relationship in November 2016, after which Padgett sent her aggressive messages and visited her apartment uninvited. On January 23, 2017, Medley reported to the police that she believed Padgett had turned off her power. The next day, Medley was found dead in her apartment with a pair of leggings around her neck. Forensic evidence linked Padgett to the crime scene, including his DNA under Medley’s fingernails and cell phone location data placing him near her apartment at relevant times.A Chatham County grand jury indicted Padgett for malice murder, felony murder, and aggravated assault. In May 2021, a jury found him guilty on all counts, and he was sentenced to life in prison without parole. Padgett filed a motion for a new trial, which was denied after a hearing in September 2024. He then appealed to the Supreme Court of Georgia.The Supreme Court of Georgia reviewed Padgett’s claims of ineffective assistance of counsel. Padgett argued that his trial counsel failed to emphasize certain DNA evidence, investigate and present evidence about another potential suspect, and object to the prosecutor’s statements during closing arguments. The court found that the decisions made by Padgett’s trial counsel were strategic and not deficient. Additionally, Padgett failed to show that the outcome of his trial would have been different if his counsel had acted differently. The court concluded that Padgett did not demonstrate prejudice from his counsel’s performance and affirmed the conviction. View "PADGETT v. THE STATE" on Justia Law

In January 2013, Stanislav “Steven” Yelizarov robbed a jewelry store after a series of serious events, including home burglaries and kidnapping. He received a thirty-year sentence for kidnapping and conspiracy to commit a Hobbs Act robbery. Over eight years, Yelizarov agreed to two plea deals, filed two motions under 28 U.S.C. § 2255, was sentenced twice, and had three judges decide parts of his cases. He appealed, arguing ineffective assistance of counsel during plea negotiations and that his sentence was unreasonable.The United States District Court for the District of Maryland initially sentenced Yelizarov to 360 months based on a plea agreement. After learning of a potential murder charge, Yelizarov renegotiated a plea deal, which included a waiver of appeal. He later filed a § 2255 motion, claiming ineffective assistance of counsel, arguing his attorney failed to advise him properly about the murder charge and its implications. The district court denied the motion, finding no prejudice from the attorney’s actions, as Yelizarov was aware of the potential murder charge and chose to plead guilty.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the district court’s decision, agreeing that Yelizarov was not prejudiced by his counsel’s performance. The court found that Yelizarov knowingly waived his right to appeal his sentence, including claims of procedural and substantive unreasonableness. The court dismissed his appeal regarding the reasonableness of his sentence, enforcing the waiver of appeal in his plea agreement. The court emphasized that a failure to mention specific sentencing factors does not constitute procedural unreasonableness. The decision was affirmed in part and dismissed in part. View "US v. Yelizarov" on Justia Law

The defendant was charged with first-degree manslaughter after fatally stabbing her boyfriend during a violent altercation. She claimed that she acted in self-defense, citing a history of severe physical abuse by the victim, including multiple incidents of strangulation and a recent sexual assault immediately preceding the stabbing. Several witnesses corroborated the defendant’s account of ongoing abuse, and an order of protection had previously been issued against the victim.The case was tried in Supreme Court, Erie County, where the defendant’s counsel pursued a justification defense under Penal Law § 35.15. During summation, the prosecutor misrepresented the defendant’s testimony by stating that she had never claimed to fear for her life, despite clear testimony to the contrary. The prosecutor also repeatedly accused the defendant of lying, using the term “lies” numerous times. Defense counsel did not object to these remarks. The jury convicted the defendant. On appeal, the Appellate Division, Fourth Department, affirmed the conviction, holding that the issue was unpreserved and that counsel’s failure to object did not constitute ineffective assistance. However, the Appellate Division did grant sentencing relief under the Domestic Violence Survivors Justice Act.The New York Court of Appeals reviewed the case and held that the defendant was denied meaningful representation due to her counsel’s failure to object to the prosecutor’s improper summation remarks. The Court found that the prosecutor’s misstatement of the evidence and repeated personal attacks on the defendant’s credibility exceeded permissible advocacy and undermined the fairness of the trial. The Court concluded that, in the absence of any strategic justification for counsel’s silence, the defendant was deprived of a fair trial. The order of the Appellate Division was reversed, and a new trial was ordered. View "People v T.P." on Justia Law

Elena Gaston was indicted on charges of trafficking persons for sexual servitude, conspiracy, deriving support from prostitution, and money laundering. The Commonwealth alleged that she ran an escort service where her employees provided sexual services for money. On the day of her trial, a plea agreement was proposed, but during the plea colloquy, Gaston denied key elements of the charges, leading the judge to proceed to trial. During the trial, defense counsel made improper opening statements, conceding Gaston's guilt and inviting the jury to consider irrelevant factors, which led the Commonwealth to move for a mistrial.The trial judge initially opted for a curative instruction instead of a mistrial but later declared a mistrial after concluding that defense counsel's actions constituted ineffective assistance of counsel. The judge noted that defense counsel's failure to consult with Gaston on his opening statement and the detrimental impact of his strategy on her defense warranted a mistrial. Gaston, represented by new counsel, filed a motion to dismiss the indictments on double jeopardy grounds, which the trial judge denied.Gaston then filed a petition in the county court seeking relief from the denial of her motion to dismiss. The petition was denied by a single justice, and she appealed to the Supreme Judicial Court. The Supreme Judicial Court affirmed the single justice's decision, holding that the trial judge did not abuse his discretion in declaring a mistrial due to manifest necessity. The court found that the trial judge carefully considered alternatives and provided both parties with opportunities to be heard before declaring a mistrial. The court concluded that defense counsel's conduct was manifestly unreasonable and deprived Gaston of a substantial ground of defense, justifying the mistrial. View "Gaston v. Commonwealth" on Justia Law