United States v. Chapman

593 F.3d 365, 2010 U.S. App. LEXIS 2019, 2010 WL 339041
CourtCourt of Appeals for the Fourth Circuit
DecidedJanuary 29, 2010
Docket08-7976
StatusPublished
Cited by44 cases

This text of 593 F.3d 365 (United States v. Chapman) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
United States v. Chapman, 593 F.3d 365, 2010 U.S. App. LEXIS 2019, 2010 WL 339041 (4th Cir. 2010).

Opinions

OPINION

TRAXLER, Chief Judge:

After being convicted of numerous charges, including mail and wire fraud, see United States v. Chapman, No. 04-5010, 2006 WL 3539146 (4th Cm. Dec. 8, 2006), Nathan Chapman filed a motion under 28 U.S.C.A. § 2255 challenging his convictions on several grounds. The district court denied relief. We granted a certificate of appealability to permit Chapman to appeal the district court’s rejection of his claim that trial counsel was ineffective for ignoring Chapman’s direction to accept the district court’s offer of a mistrial. For the reasons set forth below, we affirm.

I.

Chapman was the chief executive officer and majority shareholder of various financial services companies, and a portion of the charges against Chapman involved his use of “business development funds” provided by these companies for personal rather than business purposes. The government’s theory of the case was that Chapman needed the business development funds to support a lifestyle that he could not otherwise afford. The trial court permitted the government to present, as proof of Chapman’s motive, see Fed. R.Evid. 404(b), evidence of substantial loans (eventually totaling more than $1 million) that Chapman took from his companies but never repaid.

After the government’s rebuttal closing argument, counsel for Chapman objected to a reference by the government to the loans, believing the reference went beyond the limitations the trial court had placed on the use of the loan evidence. The trial court stated that counsel “might be right,” [367]*367J.A. 20, and directed counsel for Chapman to draft a curative instruction to be given to the jury. Counsel for Chapman then, “just for the record,” moved for a mistrial with prejudice. J.A. 20. The trial court offered to grant Chapman a mistrial without prejudice, but counsel for Chapman declined, insisting that the mistrial should be with prejudice. The case proceeded, and the trial court gave the curative instruction to the jury. The jury ultimately convicted Chapman on 22 of the charges alleged in the indictment.

In his § 2255 motion, Chapman contended that when the trial court offered to grant a mistrial without prejudice, he instructed his attorney to accept the offer. Chapman argued that his attorney, by rejecting his instructions to accept the mistrial, was constitutionally ineffective and that Chapman was therefore entitled to a new trial. The district court rejected Chapman’s claim, concluding that the decision to go forward with the trial rather than accept a mistrial without prejudice was a tactical decision to be made by counsel, not Chapman.

II.

A criminal defendant’s right to counsel as guaranteed by the Sixth Amendment is, of course, a guarantee of the right to effective assistance of counsel. See Strickland v. Washington, 466 U.S. 668, 686, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984). To succeed on a Sixth Amendment claim of ineffective assistance of counsel, “the defendant must show that his counsel’s performance ‘fell below an objective standard of reasonableness’ in light of the prevailing professional norms.” Lawrence v. Branker, 517 F.3d 700, 708 (4th Cir.2008) (quoting Strickland, 466 U.S. at 688, 104 S.Ct. 2052). If the defendant can establish that his attorney’s performance was deficient, the defendant must then demonstrate that “there is a reasonable probability that but for counsel’s unprofessional errors, the result of the proceeding would have been different.” Strickland, 466 U.S. at 694, 104 S.Ct. 2052.

Chapman’s ineffective-assistance claim is a narrow one. Chapman does not argue that, given the manner in which the trial had unfolded, the only reasonable decision was to accept the mistrial offer. Nor does Chapman argue that counsel should have consulted with him before rejecting the mistrial offer. Instead, Chapman contends only that counsel’s performance was deficient because counsel ignored Chapman’s instructions to accept the mistrial offered by the trial court. The government, however, argues that decisions involving mistrials—whether to ask for a mistrial and whether to accept an offer of a mistrial—are tactical decisions that must be made by the attorney, not the defendant. Because the decision belongs to the attorney, the government argues that Chapman’s disagreement with the decision made by counsel is simply irrelevant.

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Bluebook (online)
593 F.3d 365, 2010 U.S. App. LEXIS 2019, 2010 WL 339041, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-chapman-ca4-2010.