Justia Professional Malpractice & Ethics Opinion Summaries

Shawn Russell Sorensen was convicted of conspiracy to distribute methamphetamine and sentenced to mandatory life imprisonment based on prior state convictions for drug offenses. He filed a motion under 28 U.S.C. § 2255 to vacate, set aside, or correct his sentence, arguing ineffective assistance of counsel for not contesting the qualification of his prior convictions as "felony drug offenses" under 21 U.S.C. § 841’s sentencing enhancement scheme.The United States District Court for the District of South Dakota dismissed Sorensen's motion. The court found that his counsel's performance was not deficient, as the argument regarding the categorical approach to his prior convictions was considered novel at the time of sentencing. Sorensen appealed, and the United States Court of Appeals for the Eighth Circuit granted a certificate of appealability on the ineffective assistance of counsel claim.The Eighth Circuit affirmed the district court's decision. The court held that even if counsel's performance was deficient, Sorensen failed to demonstrate prejudice. The court applied the categorical and modified categorical approaches to determine that Sorensen's prior convictions under Arizona and South Dakota statutes qualified as felony drug offenses. The Arizona statute was found to be divisible, and Sorensen's conviction for possession of methamphetamine matched the federal definition of a felony drug offense. Similarly, the South Dakota statute was also deemed divisible, and Sorensen's conviction for possession of methamphetamine under this statute qualified as a felony drug offense. Therefore, Sorensen's sentence was upheld, and the district court's judgment was affirmed. View "Sorensen v. United States" on Justia Law

A criminal defendant was charged with operating while intoxicated after being pulled over for speeding. The arresting officer used radar to determine the defendant's speed. The assistant county attorney, Theron Christensen, prosecuted the case. After the defense exposed weaknesses in the State's case during depositions, Christensen filed a motion in limine to exclude certain evidence. The defendant resisted and moved for sanctions against Christensen, arguing the motion was frivolous and in bad faith. Christensen later withdrew the motion and dismissed the case, allegedly to avoid the officer testifying about radar calibration issues.The Iowa District Court for Story County dismissed the charges and later imposed a $2,072 monetary sanction on Christensen under Iowa Rule of Civil Procedure 1.413 and Iowa Code § 619.19, finding his actions sanctionable. Christensen filed a petition for writ of certiorari, challenging the sanctions.The Iowa Supreme Court reviewed the case and determined that neither Iowa Rule of Civil Procedure 1.413 nor Iowa Code § 619.19 applies to criminal cases. The court emphasized that these rules and statutes are intended for civil cases only and that the rules of civil procedure do not apply to criminal proceedings unless explicitly stated. The court held that the district court erred in imposing monetary sanctions on Christensen based on these civil rules and statutes. Consequently, the Iowa Supreme Court sustained the writ and reversed the sanctions order and the monetary sanction imposed on Christensen. View "Christensen v. Iowa District Court For Story County" on Justia Law

Terry Break was convicted in 2021 of multiple child sexual abuse offenses, including rape, second-degree sexual assault, and sexual indecency with a child, involving three minor victims. He received six life sentences plus 488 years in prison and $425,000 in fines. His convictions were affirmed on direct appeal. Break then filed a Rule 37 petition for postconviction relief, claiming ineffective assistance of counsel on several grounds.The Boone County Circuit Court denied Break's petition. The court found that the State had provided sufficient evidence of "sexual gratification or desire" for the offenses, and thus, trial counsel was not ineffective for failing to challenge this element. The court also found that the prosecutor's comment during closing arguments, referring to Break as a "proven liar," was based on Break's own admissions and was not improper. Additionally, the court determined that the prosecutor's opening statement did not shift the burden of proof, as it referred to Break's demeanor during a recorded interview rather than his silence at trial. Lastly, the court acknowledged that the prosecutor's biblical reference during closing arguments was improper but concluded that Break failed to show that trial counsel's failure to object constituted ineffective assistance.The Arkansas Supreme Court reviewed the case and affirmed the circuit court's decision. The court held that Break failed to demonstrate that his trial counsel's performance was deficient or that any alleged deficiencies prejudiced the outcome of his trial. The court emphasized that Break did not provide sufficient evidence to support his claims of ineffective assistance and that the decisions made by his trial counsel fell within the range of reasonable professional judgment. View "BREAK v. STATE OF ARKANSAS" on Justia Law

Mitchell Rivers was convicted of Homicide by Child Abuse (HCA) following the death of his four-month-old adoptive child, who died from asphyxiation. During the trial, the State introduced evidence of the child's prior injuries, which were unrelated to the cause of death. Rivers' trial attorney objected to this evidence pretrial but failed to renew the objection during the trial, leaving the issue unpreserved for appeal. Rivers subsequently filed for post-conviction relief (PCR), claiming ineffective assistance of counsel.The PCR court denied relief, finding that Rivers was not prejudiced by his attorney's failure to renew the objection. However, the court of appeals reversed this decision, holding that Rivers was prejudiced by his attorney's errors, as there was no nexus between the collateral injury evidence and the circumstances surrounding the child's death.The Supreme Court of South Carolina reviewed the case and reversed the court of appeals' decision. The Supreme Court found that even if the collateral injury evidence had been excluded, there was no reasonable probability that the jury's verdict would have been different. The court noted that Rivers' actions, including his failure to seek medical assistance after the child resumed wheezing and his inability to perform CPR, demonstrated a conscious disregard for the risk of the child's death, thus establishing extreme indifference beyond a reasonable doubt. Consequently, Rivers failed to satisfy the prejudice prong of the Strickland test for ineffective assistance of counsel. The decision of the court of appeals was reversed. View "Rivers v. State" on Justia Law

Ray Eugene Pollard was convicted of malice murder for the shooting death of Jonathon McAfee. The incident occurred on October 3, 2020, and Pollard was indicted on multiple charges, including malice murder and aggravated assault. During the trial, evidence showed that Pollard had a history of threatening behavior towards McAfee and had been at the scene of the shooting. Pollard's vehicle was found with damage consistent with evidence collected near the crime scene. Additionally, Pollard's inconsistent statements to police and his admission of being at the scene further implicated him.The Baldwin County trial court entered a nolle prosequi for one count and a jury found Pollard guilty of the remaining charges. Pollard was sentenced to life in prison without the possibility of parole for malice murder. His conviction for aggravated assault merged with the malice murder conviction for sentencing purposes. Pollard filed a motion for a new trial, which was denied by the trial court.The Supreme Court of Georgia reviewed the case on appeal. Pollard argued that his trial counsel was ineffective for failing to object to the admission of cell-site location information (CSLI) obtained without a search warrant. The court assumed, without deciding, that the trial counsel's performance was deficient. However, the court found that Pollard did not demonstrate that the outcome of the trial would have been different without the CSLI evidence. The court noted that the other evidence against Pollard was strong, including his presence at the scene, physical evidence, and his threatening behavior. Consequently, the court affirmed Pollard's conviction, concluding that he did not suffer prejudice from the alleged deficiency in his counsel's performance. View "POLLARD v. THE STATE" on Justia Law

Colton Jerrod Sims and Monte Glover were convicted of malice murder and other crimes related to the shooting death of DeCoby Barlow and the aggravated assault of Landon Brown. The incident occurred on December 8-9, 2018, following a dispute at a nightclub. Sims and his friend Colby Toles had a confrontation with Glover and co-defendant Jalon Edwards, which escalated into a gunfight outside the club. Barlow was fatally shot during the crossfire, and Brown, a security guard, was also assaulted.A Henry County grand jury indicted Sims, Glover, and Edwards on multiple charges, including malice murder and aggravated assault. Sims and Glover were tried together and found guilty on all counts. The trial court sentenced them to life in prison for malice murder, with additional concurrent and consecutive sentences for other charges. Sims and Glover filed motions for new trials, which were denied by the trial court.The Supreme Court of Georgia reviewed the case. Sims and Glover challenged the sufficiency of the evidence, claiming it did not support their convictions. Sims also raised four claims of trial court error and argued that his trial counsel was ineffective. Glover similarly argued ineffective assistance of counsel. The court held that the evidence was sufficient to support the convictions, as eyewitness testimony and ballistics evidence confirmed their involvement in the gunfight. The court also found no merit in Sims' claims of trial court error and ineffective assistance of counsel, noting that strategic decisions by trial counsel were reasonable and did not prejudice the defendants.The Supreme Court of Georgia affirmed the convictions and sentences of Sims and Glover, concluding that the evidence presented at trial was sufficient to support the jury's verdicts and that there was no reversible error in the trial proceedings. View "SIMS v. THE STATE" on Justia Law

Edwin Leo Brown was indicted in October 2016 on four counts of possession with intent to distribute cocaine base and one count of being a felon in possession of a firearm. The government had evidence of Brown selling cocaine base and discovered a firearm upon his arrest. Brown faced up to 90 years in prison. His attorney, Frank Harper, initially advised him that he was likely facing up to 120 months’ imprisonment and presented two plea agreements limiting his prison exposure to ten years. Brown, skeptical of Harper’s advice, did not trust him and Harper withdrew as counsel. Brett Wentz then became Brown’s attorney and erroneously advised him that his sentencing exposure would be the same whether he accepted a plea deal or not. Brown rejected the plea offers and later pleaded guilty to all counts, receiving a 210-month sentence.The United States District Court for the Eastern District of North Carolina found that Brown’s attorney performed deficiently but concluded that Brown failed to demonstrate he was prejudiced by his attorney’s advice. The magistrate judge recommended denying Brown’s motion to vacate his sentence, stating that Brown presented no contemporaneous evidence to support his claim that he would have accepted the plea agreement if properly advised. The district court adopted this recommendation and denied Brown’s motion.The United States Court of Appeals for the Fourth Circuit reviewed the case de novo and found that the district court erred in applying the standard from Lee v. United States, which concerns accepted plea deals, to Brown’s case involving a rejected plea deal. The Fourth Circuit held that Brown demonstrated a reasonable probability that he would have accepted the plea offer if properly advised, given the significant disparity between the plea offer and the sentence he received. The court reversed the district court’s denial of relief, remanded the case, and required the government to re-offer Brown the same plea agreements. View "United States v. Brown" on Justia Law

In this case, the appellant, Christopher Lynn Johnson, was convicted of first-degree murder and related offenses for the shooting death of Officer David Grove, a Deputy Wildlife Conservation Officer. On the night of November 11, 2010, Officer Grove encountered Johnson and his friend Ryan Laumann spotlighting deer near Gettysburg National Military Park. After stopping Johnson's vehicle, a confrontation ensued, during which Johnson shot Officer Grove multiple times, resulting in his death. Johnson fled the scene but was apprehended the following morning.The Court of Common Pleas of Adams County denied Johnson's petition for relief from his death sentence under the Post Conviction Relief Act (PCRA). Johnson raised multiple claims, including ineffective assistance of counsel, Brady violations, and improper victim impact evidence. The PCRA court held a five-day evidentiary hearing and ultimately found no merit in Johnson's claims. The court determined that Johnson failed to demonstrate prejudice from his counsel's actions and that there was no evidence of an agreement between the Commonwealth and Laumann regarding his testimony.The Supreme Court of Pennsylvania reviewed the case and affirmed the PCRA court's decision. The court found that Johnson's claims of ineffective assistance of counsel lacked merit, as his counsel conducted a thorough investigation and presented a robust mitigation defense during the penalty phase. The court also concluded that Johnson failed to prove any Brady or Napue violations, as there was no agreement between the Commonwealth and Laumann. Additionally, the court held that the victim impact evidence presented was permissible and did not violate Johnson's constitutional rights. Finally, the court determined that the cumulative effect of the alleged errors did not warrant relief. View "Commonwealth v. Johnson" on Justia Law

Steven Kellam was convicted in the Superior Court of Delaware for racketeering, two counts of first-degree felony murder, and other crimes, resulting in two life sentences plus 770 years in prison. Kellam sought postconviction relief under Superior Court Criminal Rule 61, arguing that his convictions were unjust. The Superior Court rejected all but one of his claims, agreeing that the felony-murder jury instruction misstated the law, leading to the vacatur of his felony-murder convictions and life sentences.Kellam appealed the Superior Court's rejection of two grounds for postconviction relief. He argued that the amendment of his indictment was so substantive that it resulted in his conviction for racketeering without proper indictment, undermining the court's jurisdiction. He also claimed ineffective assistance of counsel for his trial lawyer's failure to request a jury instruction on accomplice liability.The Delaware Supreme Court reviewed the case. It found that Kellam's challenge to the indictment amendment was procedurally barred because he did not object during the trial and failed to show cause and prejudice. The court also determined that the alleged defect in the indictment was curable and did not divest the Superior Court of jurisdiction.Regarding the ineffective assistance of counsel claim, the court concluded that Kellam's trial counsel made a reasonable strategic decision not to request a Section 274 instruction, as it would not have benefited Kellam and could have undermined the defense's credibility.The State cross-appealed, arguing that the Superior Court erred in vacating Kellam's felony-murder convictions due to the flawed jury instruction. The Delaware Supreme Court agreed, distinguishing this case from Ray v. State, and found that the faulty instruction did not prejudice Kellam's defense. The court reversed the Superior Court's vacatur of Kellam's felony-murder convictions and remanded for reinstatement of those convictions and sentences. View "Kellam v. State" on Justia Law

Jaquan Dontae Weston was convicted of malice murder and other crimes related to the shooting death of his father, Leroy Weston. The crimes occurred between March 5-6, 2018. A Terrell County grand jury indicted Weston in June 2018, and he was found guilty on all counts in an October 2019 jury trial. Weston was sentenced to life in prison without parole for malice murder, five years consecutive for possession of a firearm during the commission of a felony, and twelve months concurrent for cruelty to children in the third degree. Weston filed a motion for a new trial, which was denied. His appeal was initially stricken due to his appellate counsel's failure to file a brief, but it was later re-docketed after new counsel was appointed.The Supreme Court of Georgia reviewed the case. Weston argued that the evidence was insufficient to support his malice murder conviction and claimed ineffective assistance of trial counsel. The court found that the evidence, viewed in the light most favorable to the verdict, showed that Weston formed the intent and malice necessary for a malice murder conviction. The jury was entitled to find Weston guilty beyond a reasonable doubt based on his actions and statements following his daughter's outcry about her grandfather.Weston also argued that his trial counsel was ineffective for failing to investigate his competency to stand trial, request a competency hearing, and object to certain evidence. However, these claims were not preserved for appellate review as they were not raised in his motion for a new trial. The court also found that Weston failed to show that his trial counsel was ineffective for not obtaining an expert evaluation of his sanity at the time of the crimes, as there was no evidence presented to support this claim.The Supreme Court of Georgia affirmed the trial court's judgment, finding no merit in Weston's arguments. View "WESTON v. THE STATE" on Justia Law