State of Iowa v. Lavelle Lonelle McKinley

860 N.W.2d 874, 2015 Iowa Sup. LEXIS 28
CourtSupreme Court of Iowa
DecidedMarch 13, 2015
Docket13–1226
StatusPublished
Cited by39 cases

This text of 860 N.W.2d 874 (State of Iowa v. Lavelle Lonelle McKinley) is published on Counsel Stack Legal Research, covering Supreme Court of Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
State of Iowa v. Lavelle Lonelle McKinley, 860 N.W.2d 874, 2015 Iowa Sup. LEXIS 28 (iowa 2015).

Opinions

HECHT, Justice.

The district court appointed two attorneys from the Des Moines adult public defender’s office to represent the defendant on a murder charge. After reviewing the State’s list of expected witnesses, the two defense attorneys realized other attorney colleagues in their office had previously represented three of the State’s witnesses on unrelated matters. The attorneys brought this potential conflict of interest to the district court’s attention and requested a ruling whether a conflict of interest precludes them from representing the defendant. After the hearing, the district court concluded a conflict existed and disqualified all attorneys employed at the Des Moines adult public defender’s office. Upon review, we conclude the potential conflict of interest shown under the circumstances presented in this record did not justify disqualification of the attorneys. Accordingly, we reverse and remand for further proceedings.

I. Background Facts and Proceedings.

The State of Iowa charged Lavelle McKinley with first-degree murder following the death of Cynthia Rouse. The district court appointed two attorneys from the Des Moines adult public defender’s office, Jennifer Larson and Heather Lau-ber, to represent McKinley. Long before trial was to begin, Larson and Lauber discovered other attorneys in their office had previously represented three potential witnesses for the State: Cheyenne Rouse, the decedent’s husband who discovered the [877]*877body; Heather Hickman, the decedent’s neighbor whom the State expects to testify she heard footsteps near the decedent’s apartment shortly before the alleged homicide; and Wayne Manuel, the decedent’s brother-in-law. Neither Larson nor Lau-ber had ever personally represented these witnesses, but other public defenders from the same office (Jill Eimermann and Jennifer Russell) had done so. The prior representations were all unrelated to the murder charge against McKinley and had all concluded months or years before McKinley was arrested for the crime charged in this case.

Larson and Lauber requested a hearing and a determination whether a conflict of interest existed requiring their disqualification. The court scheduled a hearing and appointed independent counsel to represent each of the three potential witnesses. At the hearing, Larson and Lauber asserted their public defender colleagues’ past representations of Rouse, Hickman, and Manuel on unrelated matters presents no conflict because those matters concluded well before McKinley was charged and therefore are not concurrent with the representation of McKinley. They contended the temporal separation between the current representation of McKinley and the previous concluded representations of the witnesses provides assurance against the risk of divided loyalties in continuing to represent McKinley.

Larson and Lauber assured the court they had no information about the matters for which their colleagues had previously represented Rouse, Hickman, and Manuel; they had not reviewed the existing files kept in the public defender’s office pertaining to those matters; and they had already instituted measures preventing them from accessing such information and files during the pendency of this case. Therefore, they contended any potential conflict of interest arising from the prior representations of the three witnesses by other attorneys in the Des Moines office should not be imputed to them. Additionally, the hearing record included a colloquy with the court in which McKinley expressly acquiesced in any potential conflict of interest and indicated his desire to have Larson and Lau-ber continue representing him. After the hearing, McKinley filed a document confirming his acquiescence in any potential conflict and reaffirming his wish for continued representation by Larson and Lau-ber.1

Rouse and Hickman informed the court through their counsel who were present at the hearing that they would neither waive any attorney-client privilege with the public defender’s office nor consent to Larson and Lauber representing McKinley. Manuel’s appointed attorney also attended the hearing and disclosed he had been unable to contact or consult with Manuel.2 The State urged the court to disqualify the entire Des Moines adult public defender’s office. The State based its position in part on the concern that any conviction resulting from a trial in which McKinley is represented by Larson and Lauber might be subject to reversal if an appellate court concludes on appeal that a conflict of interest adversely affected their representation of McKinley.

[878]*878After the hearing, the court issued a ruling concluding a conflict of interest disqualifies all attorneys employed at the Des Moines adult public defender’s office from serving as McKinley’s counsel in this case. The court’s ruling was based on the proposition that Larson and Lauber’s continuing representation of McKinley would breach duties owed to the public defenders’ former clients while infringing upon McKinley’s Sixth Amendment right to conflict-free counsel. The court reasoned that disqualification of all attorneys from the same public defender’s office is required because an actual, nonspeculative conflict existed between the interests of McKinley and those of the three witnesses.

The conflict, the court expláined, was based on the perception that Larson and Lauber’s representation of McKinley was directly and materially adverse to Rouse, who had been represented in the past by other public defenders from the same office in connection with felony drug offenses.3 The court designated the juvenile public defender as McKinley’s new counsel.

McKinley applied for discretionary interlocutory review, and the State indicated it did not resist. We granted discretionary review and retained the appeal.

II. Scope of Review.

The question of whether a conflict exists is a mixed question of fact and law. Pippins v. State, 661 N.W.2d 544, 548 (Iowa 2003). When a defendant claims a violation of the constitutional right to counsel, our review is generally de novo. State v. Smith, 761 N.W.2d 63, 68 (Iowa 2009); State v. Smitherman, 733 N.W.2d 341, 345 (Iowa 2007).

‘Whether the facts show an actual conflict of interest or a serious potential for conflict is a matter for trial court discretion....” Pippins, 661 N.W.2d at 548. We review these conflict-of-interest determinations for an abuse of discretion. Smith, 761 N.W.2d at 68. “We find an abuse of discretion only when the ... discretion was exercised on grounds or for reasons clearly untenable or to an extent clearly unreasonable.” State v. Vanover, 559 N.W.2d 618, 627 (Iowa 1997); accord Smith, 761 N.W.2d at 68-69; Pippins, 661 N.W.2d at 548.

III. The Parties’ Positions.

The parties are not directly adverse on the disqualification issue. McKinley urges reversal of the disqualification order, reinstatement of Larson and Lauber as defense counsel, and remand for trial. The State, couching its position in furtherance of promoting error-free trials and protecting the finality of convictions, agrees the district court may have erred — but not because the district court found Larson and Lauber were burdened by a conflict of interest.

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Cite This Page — Counsel Stack

Bluebook (online)
860 N.W.2d 874, 2015 Iowa Sup. LEXIS 28, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-of-iowa-v-lavelle-lonelle-mckinley-iowa-2015.