Please ensure Javascript is enabled for purposes of website accessibility

00-3939 U.S. v. Wallace

By: dmc-admin//January 14, 2002//

00-3939 U.S. v. Wallace

By: dmc-admin//January 14, 2002//

Listen to this article

“To the extent that Wallace is implicitly inviting us to reject Stoia, Cerro, and Montana, and to adopt the Cancilla approach, we decline the overture. (We are aware that the Supreme Court has under consideration the case of Mickens v. Taylor, 240 F.3d 348 (4th Cir. 2000) (en banc), cert. granted, 121 S. Ct. 1651 (2001), and that Mickens may throw some light on the burden a petitioner like Wallace has to prove adverse effect and prejudice under Cuyler, when an actual conflict of interest was present. Anything we hold in this case is obviously subject to modification, depending upon the outcome of Mickens.) Montana, consistently with Cuyler, requires that the defendant show some adverse effect on his representation stemming from his counsel’s conflict. As we have already explained, Wallace failed to do so. Because we can resolve Wallace’s case this way, we need not delve into some potentially troublesome questions that could arise in other situations. For example, requiring Wallace to demonstrate that Schwartz had an actual conflict at the time Wallace entered his guilty plea would require Wallace to put forward potentially incriminating evidence prior to sentencing; that evidence could at a minimum lead to a higher sentence, a sentence enhancement for obstruction of justice, or additional criminal charges. Such a requirement might have Fifth Amendment implications, and it might not suffice to protect the defendant’s Sixth Amendment right to conflict-free counsel. Asking a defendant to prove a crime in which she is implicated would condition her ability to vindicate her right to conflict-free counsel on a self- incriminating statement. But on the record here, the district court properly rejected Wallace’s claim that his Sixth Amendment rights were violated, and it did not abuse its discretion in denying the motion to withdraw the plea on the basis of Schwartz’s alleged actual conflict.”

Affirmed.

Appeal from the United States District Court for the Southern District of Illinois, Stiehl, J., Diane P. Wood, J.

Polls

Should Steven Avery be granted a new evidentiary hearing?

View Results

Loading ... Loading ...

Legal News

See All Legal News

WLJ People

Sea all WLJ People

Opinion Digests