Justia Professional Malpractice & Ethics Opinion Summaries

Kay Ellison, co-founder of a charter airline, was convicted of federal wire fraud, bank fraud, and conspiracy. The airline, Direct Air, faced cash flow issues and Ellison siphoned millions from an escrow account through fictitious reservations and falsified records. She was charged alongside Judy Tull and chose not to testify or present a defense at trial. The jury convicted her on all counts, and she was sentenced to ninety-four months in prison and ordered to pay over $19 million in restitution. Her convictions were affirmed on direct appeal.Ellison filed a motion to vacate her sentence under 28 U.S.C. § 2255, claiming ineffective assistance of counsel. She argued her attorney incorrectly advised her that if she did not testify, she could not present other evidence, which she claimed prejudiced her defense. The United States District Court for the District of New Jersey denied her motion without an evidentiary hearing, concluding that even if her counsel was ineffective, she could not show prejudice because there was no reasonable probability that the jury would have acquitted her if she had testified or presented other witnesses.The United States Court of Appeals for the Third Circuit reviewed the case and affirmed the District Court's decision. The Third Circuit applied the Strickland v. Washington standard, which requires showing a reasonable probability that the result of the proceeding would have been different but for the attorney's errors. The court found that Ellison failed to demonstrate such a probability, as her proposed testimony and that of her witnesses would not have likely changed the jury's verdict given the strong evidence against her. Thus, the denial of her habeas corpus petition was upheld. View "Ellison v. USA" on Justia Law

Jonathon Neuhard was convicted by a jury of producing, receiving, and possessing child pornography. The evidence included testimony from his niece, MV1, who identified herself in the images and stated that Neuhard had taken them. Law enforcement found the images on a laptop and memory card in Neuhard's trailer, with metadata linking the images to his phone. Neuhard sought to vacate his sentence under 28 U.S.C. § 2255, claiming ineffective assistance of trial and appellate counsel.The United States District Court for the Eastern District of Michigan denied Neuhard's motion but granted a certificate of appealability. Neuhard argued that his trial counsel, Richard Korn, failed to adequately investigate and present evidence of his autism and did not request an evidentiary hearing regarding a government witness's mention of polygraph tests. He also contended that his appellate counsel was ineffective for not appealing the denial of his mistrial motion.The United States Court of Appeals for the Sixth Circuit reviewed the case. The court found that Korn had conducted a reasonable investigation into Neuhard's autism and made a strategic decision not to present this evidence at trial, fearing it would harm Neuhard's case. The court also determined that Neuhard did not suffer prejudice from Korn's failure to request an evidentiary hearing about the polygraph testimony, as the district court had issued a clear and immediate instruction to the jury to disregard the comment.Regarding appellate counsel, the court held that the decision not to appeal the mistrial denial was within the bounds of reasonable professional judgment. The court noted that appellate counsel had raised six other issues on appeal, and the mistrial claim was not clearly stronger than the issues presented.The Sixth Circuit affirmed the district court's denial of Neuhard's § 2255 motion. View "Neuhard v. U.S." on Justia Law

The petitioner, Rafael Antonio Mena Chavez, filed a lawsuit under the false name "Sergio Balboa" after sustaining injuries while working for Southern Recycling, LLC. Chavez used the alias to obtain employment and continued using it when seeking medical attention and workers' compensation benefits. He later filed a lawsuit against Metso Minerals Industries, Inc., alleging product liability and negligence. Southern Recycling and other intervenors joined the suit, claiming they had paid substantial workers' compensation benefits to "Sergio Balboa."The Orleans Civil District Court denied Metso's motion to dismiss the case, despite Metso's argument that Chavez's use of a false identity undermined the judicial process. The court found no fraud or willful deception at that stage and allowed the case to proceed. Metso's subsequent writ to the Louisiana Court of Appeal, Fourth Circuit, was also denied. Metso then sought relief from the Louisiana Supreme Court.The Louisiana Supreme Court reversed the lower courts' decisions, holding that courts have inherent authority to dismiss an action with prejudice when a petitioner’s conduct undermines the integrity of the judicial process. The court found that Chavez's prolonged use of a false identity was a calculated deception that harmed the judicial system and the defendants. The court dismissed Chavez's petition with prejudice and remanded the case to the trial court to determine whether the intervenors' petition survives the dismissal of Chavez's petition. View "CHAVEZ VS. METSO MINERALS INDUSTRIES, INC." on Justia Law

In 2004, Jason Mashaney was convicted by a jury of aggravated criminal sodomy and aggravated indecent liberties with a child, involving his then-five-year-old daughter. He was sentenced to 442 months in prison. The Kansas Court of Appeals affirmed his conviction. In 2008, Mashaney filed a motion arguing ineffective assistance of counsel, which led to a reversal and remand for a full evidentiary hearing. The district court found substantial prejudice from ineffective representation, vacated the 2004 convictions, and scheduled a new trial. Subsequently, Mashaney entered an Alford plea to amended charges of attempted aggravated battery and aggravated endangerment of a child, resulting in a 72-month sentence and his release for time served.The Sedgwick District Court awarded Mashaney nearly $414,595 in damages for wrongful conviction and imprisonment under K.S.A. 2023 Supp. 60-5004. The court concluded that the original charges were "effectively dismissed" when the State amended them to nonsexual charges involving the same victim. The district court found that Mashaney met the statutory elements for compensation, including that his judgment of conviction was vacated and the charges were dismissed. The court calculated the damages based on the duration of wrongful imprisonment and reduced the award by the amount received from a legal malpractice settlement.The Kansas Supreme Court reviewed the case and reversed the district court's judgment. The Supreme Court held that the phrase "the charges were dismissed" in K.S.A. 2023 Supp. 60-5004(c)(1)(B) means both terminating the criminal accusation and relieving the defendant of criminal liability. The court found that the original charges against Mashaney were not dismissed but amended, and he incurred criminal liability for the amended charges. Therefore, Mashaney did not meet the statutory requirement that the charges were dismissed, and his claim for wrongful conviction and imprisonment failed. View "In re Wrongful Conviction of Mashaney" on Justia Law

Defendant was convicted of possession of heroin with intent to sell and possession of cocaine after police recovered drugs and paraphernalia during a search of an apartment where he and others were arrested. Defense counsel sought to suppress the seized items, arguing the warrant was inaccurate and unreliable but did not claim the warrant was executed without notice, violating CPL 690.50 (1). Defendant argued on appeal that this omission constituted ineffective assistance of counsel.The Appellate Division, Third Department, reviewed the case and rejected the ineffective assistance claim, noting that the record did not conclusively show a knock-and-announce violation. The court found that the defendant's argument was speculative and unsupported by the record, which was silent on whether the officers announced themselves before entry. The Appellate Division concluded that the defendant failed to establish a no-knock violation.The New York Court of Appeals affirmed the Appellate Division's decision. The court held that defense counsel's failure to raise the knock-and-announce issue did not constitute ineffective assistance because the argument was not so clear-cut and dispositive that no reasonable defense attorney would have failed to assert it. The court noted that the United States Supreme Court's decision in Hudson v. Michigan, which held that a knock-and-announce violation does not require the exclusion of evidence, had not been contradicted by any New York appellate decision. Therefore, the issue was not sufficiently clear to mandate its assertion by defense counsel. The court also found that the defendant's legal sufficiency contention was unpreserved for appellate review and upheld the trial court's admission of evidence regarding an uncharged drug sale. The order of the Appellate Division was affirmed. View "People v Hayward" on Justia Law

An attorney, Brian Steel, was found in contempt of court for refusing to disclose how he learned about an ex parte hearing involving a witness, the witness's counsel, and prosecutors in a case where Steel represented a defendant. The trial judge, Judge Glanville, repeatedly asked Steel to reveal his source, but Steel claimed the information was protected by attorney-client privilege and attorney work product. Judge Glanville held Steel in contempt and ordered him into custody, although Steel was later allowed to return to the courtroom.The Fulton County Superior Court initially found Steel in contempt and ordered him to be taken into custody. Steel argued that the information was privileged and that due process required Judge Glanville to recuse himself from the contempt proceedings. Despite these arguments, Judge Glanville sentenced Steel to 20 days in jail to be served on weekends and denied him a supersedeas bond.The Supreme Court of Georgia reviewed the case and determined that due process required Judge Glanville to recuse himself from the contempt proceedings. The court held that because the punishment was delayed and the alleged disobedience was directed toward the judge, a different judge should have presided over the contempt hearing. The court reversed the judgment of contempt imposed by the trial court. View "STEEL v. THE STATE" on Justia Law

Louis Mercado was charged with three counts of capital sexual battery in Florida. During his trial, the court granted judgments of acquittal on two counts and declared a mistrial on the third count due to prosecutorial error. The trial court then barred a retrial, citing the Double Jeopardy Clause. The State appealed this decision, but Mercado's attorney, mistakenly believing he had withdrawn from the case, failed to file a response brief. The appellate court reversed the trial court's decision, leading to Mercado's retrial, conviction, and life sentence.The Fifth District Court of Appeal summarily denied Mercado's state habeas petition, in which he argued ineffective assistance of counsel due to his attorney's failure to file a response brief. Mercado contended that this failure should be presumed prejudicial under United States v. Cronic, rather than requiring proof of prejudice under Strickland v. Washington. The appellate court's decision was based on the reasoning that the failure to file a brief did not constitute a complete denial of counsel.The United States Court of Appeals for the Eleventh Circuit reviewed the case and affirmed the district court's denial of Mercado's federal habeas petition. The court held that the state court's decision was not an unreasonable application of clearly established federal law. The Eleventh Circuit noted that the Supreme Court has never applied the Cronic presumption of prejudice to a situation where counsel failed to file an appellee's brief. Therefore, the state court's requirement for Mercado to prove actual prejudice under Strickland was deemed reasonable. View "Mercado v. Secretary, Florida Department of Corrections" on Justia Law

In 2010, the defendant was prosecuted for multiple counts of attempted murder, assault with a semiautomatic firearm, and other charges. He pleaded no contest to one count of attempted murder and admitted to several enhancements, resulting in a 30-year prison sentence. In 2022, he filed a petition to vacate his conviction under Penal Code section 1172.6, which the trial court found made a prima facie case for an evidentiary hearing. The defendant then sought discovery of peace officer personnel records, which the trial court partially granted after an in-camera review.The Monterey County Superior Court held an evidentiary hearing and denied the petition. The defendant appealed, requesting the appellate court to review the trial court's application of Pitchess standards to the discovery motion. The appellate court requested supplemental briefing on whether the trial court's review should also encompass Brady principles, which require the disclosure of exculpatory evidence.The California Court of Appeal, Sixth Appellate District, determined that a petitioner may obtain disclosure of peace officer personnel information under Brady principles through Pitchess procedures in advance of a section 1172.6 evidentiary hearing. The court found that the trial court did not clearly consider Brady principles when ruling on the discovery motion. Consequently, the appellate court conditionally reversed the trial court's order denying the petition and remanded the case for further proceedings to ensure compliance with Brady requirements. If the trial court finds additional discoverable information, it must allow the defendant to demonstrate prejudice and potentially order a new evidentiary hearing. View "People v. Nuno" on Justia Law

In 2009, a surgeon performed a shoulder replacement surgery on a patient, during which the patient suffered a fracture and subsequent nerve injury, resulting in permanent radial nerve palsy. The patient sued the surgeon and associated medical entities for professional negligence, claiming vicarious liability. The case went to trial twice; the first trial resulted in a verdict for the defendants, but the court granted a new trial due to juror misconduct. The second trial resulted in a verdict for the patient, awarding significant damages, which the court reduced according to statutory caps.The Eighth Judicial District Court of Clark County oversaw the trials. After the second trial, the court reduced the pain and suffering damages to $350,000 pursuant to NRS 41A.035, awarded attorney fees, and capped expert witness costs. The defendants moved for a new trial based on alleged juror misconduct, which the court denied. Both parties appealed various aspects of the court's decisions, including the application of the damages cap, the res ipsa loquitur instruction, and the award of attorney fees and costs.The Supreme Court of Nevada reviewed the case. It held that the district court did not abuse its discretion in giving a res ipsa loquitur instruction despite expert testimony, as the relevant statutory amendments did not apply retroactively. The court affirmed the reduction of pain and suffering damages to $350,000, applying the statutory cap to both the surgeon and the medical entities. The court also upheld the denial of a new trial based on juror misconduct, finding no intentional concealment or prejudice.Regarding attorney fees, the Supreme Court affirmed the district court's award but modified it to comply with NRS 7.095, capping the total recoverable amount. The court found no conflict between NRCP 68 and NRS 18.005 but remanded the case for further proceedings on expert witness fees, requiring a more detailed application of the Frazier factors. The judgment and order denying a new trial were affirmed, the attorney fees award was affirmed as modified, and the order retaxing costs was reversed in part. View "NEVINS VS. MARTYN" on Justia Law

Thomas Eugene Creech, who has been on death row for over four decades for the 1981 murder of fellow inmate David Dale Jensen, filed a petition for a writ of mandamus. Creech alleged that the Ada County Prosecutor’s Office introduced fabricated or misleading evidence at his clemency hearing. He sought to recuse U.S. District Judge Amanda K. Brailsford from presiding over his underlying § 1983 suit, arguing that Judge Brailsford and Ada County Prosecutor Jan Bennetts are close friends, which could affect the judge's impartiality.The U.S. District Court for the District of Idaho denied Creech’s motion to preliminarily enjoin his execution, and the Ninth Circuit affirmed. Creech continued to litigate his § 1983 claim, alleging prosecutorial misconduct. He then moved to disqualify Judge Brailsford, citing her friendship with Bennetts. Judge Brailsford denied the recusal motion, stating that although she and Bennetts were close during their clerkship, they had since lost touch and a reasonable person would not question her impartiality.The United States Court of Appeals for the Ninth Circuit reviewed Creech’s petition for a writ of mandamus. The court found that the longstanding friendship between Judge Brailsford and Bennetts, combined with the allegations of prosecutorial misconduct involving Bennetts, could lead a reasonable person to question the judge’s impartiality. The court emphasized that public confidence in the judiciary requires that any appearance of bias be addressed promptly. Consequently, the Ninth Circuit granted the petition for a writ of mandamus and remanded the case for reassignment to a different judge. View "Creech v. United States District Court for the District of Idaho, Boise" on Justia Law