Justia Professional Malpractice & Ethics Opinion Summaries

The Idaho Supreme Court ruled in favor of the Idaho State Appellate Public Defender (SAPD) in a case involving the SAPD's statutory duty to arrange for substitute counsel for indigent defendants when a conflict of interest arises. The SAPD filed a direct action against the Fourth Judicial District Court, alleging that the court infringed on the SAPD’s statutory duty to arrange a new attorney for a defendant named Azad Abdullah. The SAPD had identified a conflict of interest in its own office and tried to substitute an attorney from Pennsylvania, but the district court refused the substitution and appointed a new attorney of its own choosing. The Idaho Supreme Court held that the district court had obstructed the SAPD's statutory duty and authority under Idaho Code section 19-5906. The Court ordered the district court's decisions to be vacated, restored the SAPD as attorney of record for the limited purpose of arranging for substitute counsel, and ordered the appointment of a new district judge to preside over Abdullah’s post-conviction proceeding. View "SAPD v. Fourth Judicial District" on Justia Law

In a case heard by the Supreme Court of Minnesota, the defendant, Christian Portillo, was charged with two counts of second-degree criminal sexual conduct. During the trial, the prosecutor elicited testimony from the State’s witnesses regarding evidence that the district court had previously ruled as inadmissible. The defendant's motion for a mistrial was denied by the district court. During the closing-argument rebuttal, the prosecutor told the jury that the defendant no longer held the presumption of innocence based on the evidence presented during the trial. The defendant did not object to this statement. The jury found the defendant guilty of one count of second-degree criminal sexual conduct.The defendant appealed, arguing that he was denied a fair trial due to prosecutorial errors committed by the State. The court of appeals affirmed the district court's decision, concluding that the prosecutor's misstatement of the law did not affect the defendant's substantial rights.Upon review, the Supreme Court of Minnesota reversed the decision of the court of appeals. The Supreme Court found that the prosecutor’s misstatement of the law during the closing-argument rebuttal was a plain error that affected the defendant’s substantial rights. The court held that the defendant is entitled to a new trial as the error must be addressed to ensure the fairness and integrity of the judicial proceedings. View "State of Minnesota vs. Portillo" on Justia Law

The United States Court of Appeals for the Sixth Circuit affirmed the ruling of the United States District Court for the Northern District of Ohio, which had denied Adam Carson's motion to vacate his sentence under 28 U.S.C. § 2255. Carson had been convicted of robbing a bank and tampering with a witness, and was sentenced to 20 years in prison. In his motion, Carson argued that his trial attorney had provided ineffective assistance by failing to initiate plea negotiations and by committing several mistakes during the trial. He also claimed that he did not knowingly waive his right to testify. The Court of Appeals held that Carson's ineffective-assistance claims failed because they lacked grounds for prejudice. The court ruled there was no reasonable probability that the outcome of Carson's case would have been different if his attorney had acted differently. The court also held that Carson had not demonstrated that he was deprived of his right to testify, as he did not object on the record to his attorney's statement that he did not want to testify. View "Carson v. United States" on Justia Law

In this case, the United States Court of Appeals for the Eighth Circuit upheld a conviction against Richard Lee David Brown for possession with intent to distribute a controlled substance. Law enforcement found Brown in an apartment during the execution of a search warrant, along with drugs, drug paraphernalia, and a cell phone that Brown admitted was his. Brown appealed his conviction, alleging multiple pre-trial and trial-related errors. However, the court affirmed the conviction, rejecting Brown's claims that he was improperly denied a jury instruction regarding "mere presence," that the court erred in admitting evidence of his prior convictions, and that he received ineffective assistance of counsel, among other issues. The court held that the instructions given to the jury were adequate and that the evidence was sufficient to support the conviction. The court also found that Brown's claims of ineffective assistance were best left for a post-conviction relief proceeding, such as a motion under 28 U.S.C. § 2255. The court concluded that none of the alleged errors either individually or cumulatively warranted reversal of the conviction. View "United States v. Brown" on Justia Law

In this case, defendant Joseph James Tippet was initially charged with first-degree murder for allegedly shooting and killing his father. However, due to a series of discovery violations by the Eleventh Judicial District Attorney's Office, Tippet's charge was reduced to second-degree murder by the district court as a deterrent sanction. The Supreme Court of the State of Colorado was asked to review this decision.The People (prosecution) had a history of neglecting their discovery obligations, leading to multiple discovery violations in Tippet's case and others. Despite several warnings from various judges, the District Attorney's Office continued to neglect its discovery obligations. As a result, Tippet's defense counsel was unable to effectively prepare for his preliminary hearing.The Supreme Court held that the district court did not abuse its discretion by reducing Tippet's charge as a sanction for the District Attorney's Office's consistent neglect of its discovery obligations. The court emphasized the importance of the discovery process in advancing the search for truth and protecting the integrity of the truth-finding process. The court affirmed the sanction as a necessary deterrent to encourage the District Attorney's Office to modify its discovery practices. The court also rejected the People's argument that the district court lacked the authority to reduce the charge as a discovery sanction, explaining that the decision to impose sanctions for discovery violations was within the court's discretion.In conclusion, the court discharged the rule to show cause, upholding the district court's decision to reduce Tippet's charge from first-degree murder to second-degree murder as a deterrent sanction for the District Attorney's Office's discovery violations. View "People v. Tippet" on Justia Law

In this case, the defendant, Manegabe Chebea Ally, was convicted of first-degree manslaughter for the death of a 16-month-old child. He was sentenced to a 45-year prison term with 20 years suspended. Following his conviction, Ally appealed, alleging that his trial counsel was ineffective in several respects. After a series of evidentiary hearings, the habeas court granted him relief, determining that his counsel was indeed ineffective and that the cumulative effect of these deficiencies prejudiced his defense. The habeas court determined that Ally's right to a fair trial was violated.The Supreme Court of the State of South Dakota, however, reversed the decision of the habeas court. The Supreme Court found that while Ally's counsel's opening statement included an imprecise remark, this mistake did not undermine the adversarial process or deprive Ally of a fair trial. The Court also found that Ally's defense counsel made a reasonably strategic decision to exclude parts of Ally's three interviews with a detective and to not elicit additional testimony from a medical expert. Although the Court acknowledged that the defense counsel's failure to disclose a certain video to the prosecutor deviated from prevailing professional norms, it did not result in significant prejudice to Ally. The Court therefore concluded that Ally did not receive ineffective assistance of counsel at his 2012 trial, and the decision of the habeas court was reversed. View "Ally V. Young" on Justia Law

In the case before the Supreme Court of North Dakota, the appellant Jean-Michael Kisi appealed from orders dismissing in part and denying in part his application for postconviction relief. Kisi contended that he was wrongfully convicted of a non-cognizable offense, accomplice to attempted murder. He further argued that he received ineffective assistance of counsel, the lower court followed improper trial procedures, and the State committed prosecutorial misconduct.The Supreme Court of North Dakota upheld the lower court's decision, affirming that an attempted knowing murder is not a cognizable offense. However, the Court found that the erroneous inclusion of "knowing" in the jury instruction was harmless beyond a reasonable doubt, as the evidence presented indicated that the jury convicted Kisi of attempted intentional murder.Kisi's claim of ineffective assistance of counsel was also dismissed. The Court held that there was no genuine issue of material fact, and the representation of his counsel did not fall below an objective standard of reasonableness. Kisi's claims regarding improper trial procedure and prosecutorial misconduct were summarily dismissed. The Court, therefore, affirmed the lower court's order dismissing in part and denying in part Kisi's application for postconviction relief. View "Kisi v. State" on Justia Law

The Supreme Court of Nebraska affirmed the convictions and sentences of Trenton R. Esch for first degree murder, use of a deadly weapon to commit a felony, and possession of a deadly weapon by a prohibited person. Esch argued that the jury instructions concerning reasonable doubt and intoxication were in error, and that his counsel was ineffective in failing to object to these instructions. The court found that the instructions, when read as a whole, correctly conveyed the concept of reasonable doubt to the jury and were not misleading. Further, the court ruled that there was no plain error indicative of a probable miscarriage of justice. The court also determined that Esch's counsel was not ineffective in failing to object to the instructions or in his handling of the evidence and arguments related to Esch's intoxication. The court rejected Esch's remaining claims of ineffective assistance of counsel due to an insufficient record. The case centered around Esch's killing of his stepmother, with the primary issue at trial being whether Esch shot her purposely and with deliberate and premeditated malice, or whether he acted impulsively under the influence of alcohol. The jury found Esch guilty of first degree murder. View "State v. Esch" on Justia Law

While representing a client, Jane Roe , Appellant attorney John Doe engaged in settlement negotiations with the University of Maryland Medical System (UMMS). The negotiations between Doe and UMMS proceeded poorly. Among other things, Doe also made any settlement between Roe and UMMS contingent on his personal receipt of an additional $25 million that would effectuate his retention by UMMS as a private consultant of sorts. A grand jury indicted Doe, charging him with attempted extortion in violation of 18 U.S.C. Sections 1951 and 1952. Shortly thereafter—at the government’s request—the grand jury issued multiple subpoenas duces tecum to the lawyers and firms that assisted in Doe’s representation of Roe—and in the formation of the alleged extortion scheme. Doe and Roe moved to quash the subpoenas. That court then granted in part a subsequent motion filed by the government to compel production. Doe and Roe now appealed asking the court to reverse the district court’s orders first denying their motions to quash and then compelling production.The Fourth Circuit dismissed the appeal as to Doe for lack of appellate jurisdiction and otherwise affirmed. The court held that it lacks jurisdiction to consider Doe’s arguments given the Supreme Court’s effective narrowing of the Perlman doctrine. The court otherwise affirmed discerning no reversible error and ordered the parties must proceed to comply with the disputed subpoenas duces tecum in accordance with the district court’s order compelling production and this opinion. View "In re: Grand Jury 2021 Subpoenas" on Justia Law

Bauer worked as a physician for over 50 years, most recently in pain management at ANA. Bauer’s practice, which included regular prescribing controlled substances, became the subject of a DEA investigation. Bauer was indicted for knowingly or intentionally” distributing or dispensing controlled substances “except as authorized,” 21 U.S.C. 841(a), concerning 14 patients. The prosecution’s expert, Dr. King, opined that Bauer did not sufficiently establish a diagnosis and ignored “red flags.” Each patient had a history of at least two mental health conditions; several had histories of illegal drug use. Bauer drastically exceeded recommended thresholds and prescribed opioids together with other controlled substances. One patient died from an accidental overdose. None showed improvement. A drug task force officer alerted Bauer that a patient was selling his pills. Bauer did not terminate the patient but provided additional prescriptions. Several pharmacies would not fill his prescriptions. Dr. King opined that Bauer prescribed opioids “in most cases” to support “addiction and dependency,” “without a legitimate medical purpose.”The Sixth Circuit affirmed Bauer’s convictions and 60-month sentence (below the Guidelines range). A jury could reasonably find that Bauer knew his prescriptions were without authorization, satisfying the mens rea requirement clarified by the Supreme Court in 2022. The district court did not plainly err in its jury instruction on the good-faith defense. The court rejected Bauer’s challenges to the exclusion of his proffered expert witnesses and his argument that he had a constitutional right to testify as an expert in his own defense. View "United States v. Bauer" on Justia Law