Justia Professional Malpractice & Ethics Opinion Summaries

Conduent State Healthcare, LLC (Conduent) was hired by the State of Texas to administer its Medicaid program. In 2012, Texas began investigating Conduent for allegedly helping orthodontics offices overbill for services. Texas sued several orthodontic providers in 2014, and the providers sued Conduent. Texas terminated its contract with Conduent and sued Conduent under the Texas Medicaid Fraud Prevention Act. Conduent was insured by AIG Specialty Insurance Company, ACE American Insurance Company, and Lexington Insurance Company, among others. The insurers provided defense coverage for the provider actions but denied coverage for the state action, claiming it involved fraudulent conduct excluded by the policies.The Superior Court of Delaware found that the insurers breached their duty to defend Conduent in the state action. The court also ruled that Conduent was relieved of its duties to cooperate and seek consent before settling with Texas due to the insurers' breach. The jury found that Conduent acted in bad faith and fraudulently arranged the settlement but did not collude with Texas or settle unreasonably. The Superior Court granted a new trial due to evidentiary issues and the jury's inconsistent verdicts.The Supreme Court of Delaware affirmed the Superior Court's rulings. It held that the insurers' breach of their duty to defend excused Conduent from its duties to cooperate and seek consent. The court also ruled that the policy's fraud exclusion did not bar indemnity coverage because the settlement was allocated to breach of contract damages. The court found that the evidentiary issues and the jury's inconsistent verdicts justified a new trial to prevent manifest injustice. View "AIG Specialty Insurance Company v. Conduent State Healthcare, LLC" on Justia Law

Benjamin Trane established a private therapeutic boarding school for troubled youth, which was shut down after a police raid. Trane was charged with sexual abuse of a minor, sexual exploitation by a counselor or therapist, and child endangerment. The first two charges involved an underage female victim, while the third charge involved two boys placed in isolation rooms. A jury found Trane guilty on all counts. On direct appeal, the Iowa Supreme Court conditionally affirmed his convictions but remanded for a hearing on a rape shield issue, preserving his ineffective-assistance-of-counsel claims for postconviction relief (PCR) proceedings.In the Iowa District Court for Lee (South) County, Trane alleged ineffective assistance of trial counsel for failing to move to sever the child endangerment count and for not objecting to the marshaling instruction on that count. The district court rejected the severance claim, finding Trane made an informed decision to forego a motion for severance to avoid delay. However, the court ordered a new trial on the child endangerment charge, finding that the marshaling instruction allowed a nonunanimous verdict, thereby prejudicing Trane.The Iowa Supreme Court reviewed the case de novo. The court affirmed the district court's finding that Trane chose to forego a motion to sever the child endangerment count. However, the court reversed the district court's order for a new trial on the child endangerment charge. The court agreed that the marshaling instruction was erroneous but found no prejudice because both child victims were similarly situated, and there was no reasonable probability that jurors did not find Trane guilty of endangering both children. Thus, the court affirmed the denial of relief on the severance claim and reversed the order for a new trial on the child endangerment charge. View "Trane v. State of Iowa" on Justia Law

An individual, referred to as "Client," became the target of a criminal investigation into alleged tax evasion. The grand jury issued a subpoena to Client, who invoked his Fifth Amendment privilege against self-incrimination and refused to produce documents. Subsequently, the grand jury subpoenaed the law firm that had represented Client in tax matters, requesting documents related to that representation and instructing the firm to provide a privilege log if any documents were withheld. The law firm declined to produce certain documents or provide a privilege log, citing attorney-client privilege, the work-product doctrine, and Client’s Fifth Amendment rights.The United States District Court for the Central District of California ordered the law firm to provide the Government with a privilege log, rejecting the firm's assertion of Client’s Fifth Amendment rights. The district court temporarily stayed enforcement of its order, and Client filed an interlocutory appeal.The United States Court of Appeals for the Ninth Circuit reviewed the case. The court held that an attorney cannot be compelled to provide the Government with a privilege log of documents protected under Fisher v. United States, 425 U.S. 391 (1976). The court explained that providing a privilege log would reveal the existence, authenticity, and Client’s custody of the documents, thus undermining Client’s Fifth Amendment act-of-production privilege. The court determined that to assess whether the documents are indeed protected under Fisher, the district court should conduct an in camera review.The Ninth Circuit reversed the district court’s order and remanded the case for further proceedings, instructing the district court to conduct an in camera review to determine the applicability of the Fisher privilege. View "In re Grand Jury Subpoena, Dated July 21, 2023" on Justia Law

Damone Blalock and Rodalius Eugene Ryan, Jr. were convicted of the malice murder of Jamari Holmes, aggravated assaults of two other individuals, and related crimes. The crimes occurred on February 23, 2019, and the appellants were indicted in May 2019. They were tried together before a jury from September 21 to October 1, 2021, and found guilty on all presented counts. The trial court sentenced them to life in prison for malice murder, with additional consecutive and concurrent sentences for other charges. Their motions for a new trial were denied, leading to this appeal.The appellants argued that their trial counsel provided ineffective assistance in several ways, including failing to object to a witness invoking the Fifth Amendment in front of the jury, not introducing certain evidence, and not objecting to the prosecutor's comments on their silence during closing arguments. Ryan also claimed his counsel failed to investigate his alibi. The trial court found that while counsel was deficient in not reviewing certain evidence, the appellants failed to show that this deficiency prejudiced the outcome of the trial.The Supreme Court of Georgia reviewed the case and affirmed the lower court's decision. The court held that the trial counsel's strategic decisions, including not objecting to the witness's invocation of the Fifth Amendment and not pursuing the alibi defense, were reasonable. The court also found that the appellants did not demonstrate that the outcome of the trial would have been different if the alleged deficiencies had not occurred. The cumulative effect of the assumed deficiencies did not warrant a new trial. Thus, the convictions and sentences were affirmed. View "BLALOCK v. THE STATE" 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

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

Larenzo Burnett pleaded guilty to possession of a firearm by a prohibited person. During sentencing, a dispute arose regarding whether Burnett’s prior conviction under Iowa Code § 708.6(2) was a "crime of violence," which would increase his base offense level. The probation office recommended the increase, but Burnett objected. The parties reached a sentencing agreement where Burnett withdrew his objection and stipulated that the prior conviction was for a crime of violence. The district court imposed a sentence of 99 months and 14 days in prison.Burnett later filed a motion to vacate his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel because his attorney failed to file a notice of appeal. The district court held an evidentiary hearing and found that Burnett had not asked his attorney to file a notice of appeal within the 14-day period allowed by rule. Consequently, the court denied Burnett’s motion to vacate his sentence.The United States Court of Appeals for the Eighth Circuit reviewed the case. To establish ineffective assistance of counsel, Burnett needed to show that his counsel’s performance was deficient and that the deficiency prejudiced his defense. The court found that Burnett’s defense counsel testified credibly that Burnett never requested an appeal. The district court’s credibility determination was not clearly erroneous, as it was based on the observation of witness demeanor and the consistency of the testimony. The appellate court affirmed the district court’s judgment, concluding that there was no clear error in the finding that Burnett did not ask his attorney to file a notice of appeal. View "Burnett v. United States" 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