Justia Professional Malpractice & Ethics Opinion Summaries

James Ervin pleaded guilty to possessing a semi-automatic rifle as a convicted felon, violating 18 U.S.C. § 922(g)(1). He later sought to withdraw his guilty plea through a 28 U.S.C. § 2255 motion, claiming ineffective assistance of counsel and that the government provided false inculpatory information about the rifle. Ervin's arguments centered on the interpretation of the phrase “in or affecting commerce” in § 922(g).The United States District Court for the Western District of North Carolina denied Ervin's motion to vacate his plea. The court found that the rifle had traveled in interstate commerce, thus meeting the statutory requirement. Ervin's ineffective assistance claim failed because he could not establish prejudice, as the firearm's interstate travel was sufficient to satisfy the commerce element of § 922(g). The court also denied his motion for reconsideration and his request for a certificate of appealability.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court held that the phrase “in or affecting commerce” in § 922(g) should be interpreted broadly, consistent with the Supreme Court's decision in Scarborough v. United States. The court found that the rifle, which traveled from North Carolina to Louisiana, Georgia, and back to North Carolina, met the interstate commerce requirement. Consequently, Ervin's claims of ineffective assistance of counsel and due process violations were rejected. The court affirmed the district court's denial of Ervin's motion to withdraw his guilty plea, concluding that his interpretation of the statute was incorrect and that his defense would have been meritless. View "United States v. Ervin" on Justia Law

Christine Sugar filed for Chapter 13 bankruptcy in the Eastern District of North Carolina in September 2019. Her confirmed bankruptcy plan required her to make monthly payments and prohibited the sale of non-exempt property valued over $10,000 without court approval. Despite this, Sugar sold her residence without obtaining prior court authorization, believing it was fully exempt based on her attorney's advice. The sale resulted in proceeds of approximately $94,000.The bankruptcy court found that Sugar's sale of her residence violated the confirmed plan and the local bankruptcy rule. The court dismissed her Chapter 13 case and barred her from filing another bankruptcy application for five years. Additionally, the court imposed monetary sanctions on her attorney, Travis P. Sasser, for advising her incorrectly and for his conduct during the proceedings.The United States District Court for the Eastern District of North Carolina affirmed the bankruptcy court's findings and sanctions. Sugar and Sasser appealed the decision, arguing that the local rule was invalid, the property was exempt, and that paying off the plan balance entitled Sugar to immediate discharge.The United States Court of Appeals for the Fourth Circuit reviewed the case. The court affirmed the bankruptcy court's determination that Sugar violated the local rule by selling her residence without prior court approval. However, it vacated the judgment dismissing Sugar's Chapter 13 case and the five-year filing bar, remanding the case for the bankruptcy court to consider the effect of Sugar's reliance on her attorney's advice. The court affirmed the monetary sanctions against Sasser, finding that his advice and conduct warranted the penalties imposed. View "Sugar v. Burnett" on Justia Law