Perry v. Leeke

488 U.S. 272, 109 S. Ct. 594, 102 L. Ed. 2d 624, 1989 U.S. LEXIS 306, 57 U.S.L.W. 4075
CourtSupreme Court of the United States
DecidedJanuary 10, 1989
Docket87-6325
StatusPublished
Cited by475 cases

This text of 488 U.S. 272 (Perry v. Leeke) is published on Counsel Stack Legal Research, covering Supreme Court of the United States primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Perry v. Leeke, 488 U.S. 272, 109 S. Ct. 594, 102 L. Ed. 2d 624, 1989 U.S. LEXIS 306, 57 U.S.L.W. 4075 (1989).

Opinions

Justice Stevens

delivered the opinion of the Court.

In Geders v. United States, 425 U. S. 80 (1976), we held that a trial court’s order directing a defendant not to consult [274]*274his attorney during an overnight recess, called while the defendant was on the witness stand, violated his Sixth Amendment right to the assistance of counsel. Today we consider whether the Geders rule applies to a similar order entered at the beginning of a 15-minute afternoon recess.

I

Petitioner was tried and convicted by a jury of participating in a brutal murder, kidnaping, and sexual assault. His defense was that he had not taken an active part in the abduction or the homicide and that his participation in the sexual assault was the product of duress. Evidence offered on his behalf indicated that he was mildly retarded and that he was a nonviolent person who could be easily influenced by others. He took the stand and began to testify in his own defense after a lunch recess.

At the conclusion of his direct testimony, the trial judge declared a 15-minute recess, and, without advance notice to counsel, ordered that petitioner not be allowed to talk to anyone, including his lawyer, during the break. When the trial resumed, counsel moved for a mistrial. The judge denied the motion, explaining that petitioner “was in a sense then a ward of the Court. He was not entitled to be cured or assisted or helped approaching his cross examination.” App. 4-5.

The Supreme Court of South Carolina affirmed petitioner’s conviction. State v. Perry, 278 S. C. 490, 299 S. E. 2d 324 (1983). It concluded that Geders was not controlling because our opinion in that case had emphasized the fact that a defendant would normally confer with counsel during an overnight recess and that we had explicitly stated that “we do not deal with . . . limitations imposed in other circumstances.” Geders v. United States, supra, at 91. The state court explained:

“We attach significance to the words ‘normally confer.’ Normally, counsel is not permitted to confer with his [275]*275defendant client between direct examination and cross examination. Should counsel for a defendant, after direct examination, request the judge to declare a recess so that he might talk with his client before cross examination begins, the judge would and should unhesitatingly deny the request.” 278 S. C., at 491-494, 299 S. E. 2d, at 325-326.

Justice Ness dissented. He pointed out that a defendant would normally confer with his lawyer during a short routine recess and therefore that Geders should apply. Moreover, in his opinion the importance of protecting the defendant’s fundamental right to the assistance of counsel far outweighs the negligible value of preventing the lawyer from “coaching” his or her client during a brief recess.1

Thereafter, petitioner sought and obtained a federal writ of habeas corpus. Applying settled law in the Fourth Circuit, [276]*276the District Court held that although a defendant has no right to be coached on cross-examination, he does have a right to counsel during a brief recess and he need not demonstrate prejudice from the denial of that right in order to have his conviction set aside. App. 17-19; see United States v. Allen, 542 F. 2d 630, 633-634 (1976), cert. denied, 430 U. S. 908 (1977); Stubbs v. Bordenkircher, 689 F. 2d 1205, 1206-1207 (1982), cert. denied, 461 U. S. 907 (1983).

The Court of Appeals, sitting en banc, reversed. 832 F. 2d 837 (1987). It agreed with the District Court that Geders applied and that constitutional error had occurred, but it concluded that petitioner’s conviction should stand because the error was not prejudicial. This conclusion rested on the court’s view that our opinions in United States v. Cronic, 466 U. S. 648 (1984), and Strickland v. Washington, 466 U. S. 668 (1984), implied that trial errors of this kind do not pose such a fundamental threat to a fair trial that reversal of a conviction should be automatic. After a review of the record, the Court of Appeals found that the evidence against petitioner was “overwhelming,” 832 F. 2d, at 843, and that there was no basis for believing that his performance on cross-examination would have been different had he been given an opportunity to confer with his lawyer during the brief recess.

Four judges dissented. They argued that Geders had been properly interpreted in earlier Fourth Circuit cases to require automatic reversal and that the majority’s reliance on Strickland was misplaced because the prejudice inquiry in that case was employed to determine whether a Sixth Amendment violation had occurred — not to determine the consequences of an acknowledged violation. Moreover, they reasoned that the prejudice inquiry was particularly inappropriate in this context because it would almost inevitably require a review of private discussions between client and lawyer.

[277]*277Because the question presented by this case is not only important, but also one that frequently arises,2 we granted certiorari, 485 U. S. 976 (1988).

[278]*278II

There is merit in petitioner’s argument that a showing of prejudice is not an essential component of a violation of the [279]*279rule announced in Geders. In that case, we simply reversed the defendant’s conviction without pausing to consider the extent of the actual prejudice, if any, that resulted from the defendant’s denial of access to his lawyer during the overnight recess. That reversal was consistent with the view we have often expressed concerning the fundamental importance of the criminal defendant’s constitutional right to be represented by counsel.3 See, e. g., United States v. Cronic, 466 U. S., at 653-654; Chapman v. California, 386 U. S. 18, 23, n. 8 (1967); Gideon v. Wainwright, 372 U. S. 335 (1963); Glasser v. United States, 315 U. S. 60, 76 (1942).

The disposition in Geders was also consistent with our later decision in Strickland v. Washington, 466 U. S. 668 (1984), in which we considered the standard for determining whether counsel’s legal assistance to his client was so inadequate that it effectively deprived the client of the protections guaranteed by the Sixth Amendment. In passing on such claims of “‘actual ineffectiveness,’” id., at 686, the “benchmark . . . must be whether counsel’s conduct so undermined the proper functioning of the adversarial process that the trial cannot be relied on as having produced a just result.” Ibid. More specifically, a defendant must show “that counsel’s performance was deficient” and that “the deficient performance prejudiced the defense.” Id., at 687.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

State of Louisiana v. Anthony Jones
Louisiana Court of Appeal, 2024
In re Marriage of Keegan
2022 IL App (2d) 190495 (Appellate Court of Illinois, 2022)
David Asa Villarreal v. State
Court of Appeals of Texas, 2019
State v. Veney
817 S.E.2d 114 (Court of Appeals of North Carolina, 2018)
United States v. Guadalupe Velazquez
855 F.3d 1021 (Ninth Circuit, 2017)
United States v. George R. Cavallo
790 F.3d 1202 (Eleventh Circuit, 2015)
The People v. Lee Carr / The People v. Walter Cates, Sr.
30 N.E.3d 865 (New York Court of Appeals, 2015)
The People v. Benny Garay
30 N.E.3d 145 (New York Court of Appeals, 2015)
Contreras v. Artus
778 F.3d 97 (Second Circuit, 2015)
Jennifer L. Patch v. State of Indiana
13 N.E.3d 913 (Indiana Court of Appeals, 2014)
State of Maine v. Raymond Bellavance Jr.
2013 ME 42 (Supreme Judicial Court of Maine, 2013)
State v. Mundon
219 P.3d 1126 (Hawaii Supreme Court, 2009)
United States v. Rosales
650 F. Supp. 2d 823 (N.D. Illinois, 2009)
Kotler v. Woods
620 F. Supp. 2d 366 (E.D. New York, 2009)
People v. Contreras
907 N.E.2d 282 (New York Court of Appeals, 2009)
Commodore v. State
994 So. 2d 864 (Court of Appeals of Mississippi, 2008)

Cite This Page — Counsel Stack

Bluebook (online)
488 U.S. 272, 109 S. Ct. 594, 102 L. Ed. 2d 624, 1989 U.S. LEXIS 306, 57 U.S.L.W. 4075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-leeke-scotus-1989.