United States v. Thomas Blackledge

751 F.3d 188, 2014 WL 1759080, 2014 U.S. App. LEXIS 8413
CourtCourt of Appeals for the Fourth Circuit
DecidedMay 5, 2014
Docket12-7419
StatusPublished
Cited by25 cases

This text of 751 F.3d 188 (United States v. Thomas Blackledge) 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. Thomas Blackledge, 751 F.3d 188, 2014 WL 1759080, 2014 U.S. App. LEXIS 8413 (4th Cir. 2014).

Opinions

Vacated and remanded by published opinion. Judge GREGORY wrote the majority opinion, in which Judge KEENAN joined. Judge SHEDD wrote a dissenting opinion.

GREGORY, Circuit Judge:

Respondent-Appellant Thomas Black-ledge has been civilly committed as a sexually dangerous person under the Adam Walsh Child Protection and Safety Act of 2006 (“Adam Walsh Act”), codified at 18 U.S.C. §§ 4247-48. Prior to a hearing on his commitment, Blaekledge successfully moved for the appointment of an expert forensic examiner, who opined that he was indeed a sexually dangerous person. Blaekledge then sought the appointment of a second expert and an extension of the deadline for discovery. A magistrate judge denied both motions without prejudice, and when counsel renewed the motions after the discovery deadline had passed, the motions were again denied. Citing an internal ethical conflict, Black-ledge’s attorney later moved to withdraw as counsel, which the magistrate judge denied. Counsel appealed the ruling to the district court and filed a second motion to withdraw, this time also noting that Blaekledge had filed a bar complaint against her. The district court denied both the appeal of the magistrate judge’s ruling and the second motion to withdraw.

On appeal, Blaekledge challenges the denial of the motions to extend and reopen the discovery period, motions to withdraw as counsel, and motions to appoint a second expert. Because we find that the district court abused its discretion in denying the motions to withdraw as counsel, we vacate and remand.

I.

As relevant to these proceedings, we briefly summarize Blackledge’s criminal history.1 In 1960, at age 15, Blaekledge was convicted of first-degree murder in Wyoming for bludgeoning his 15-year-old girlfriend to death after she rebuffed his sexual advances. He was sentenced to life imprisonment, but released at age 23 after serving 8 years in state prison. On October 22, 1986, Blaekledge was sentenced in the United States District Court for the District of Colorado to 12 years of imprisonment and 5 years of probation for several counts of mailing and producing child pornography. For the same conduct, he was also sentenced to 20 years’ imprisonment for sexual exploitation of children in Larimer County, Colorado and in Weld County, Colorado, to run concurrently with his federal sentence. Blaekledge also self-reported several undetected incidents of child molestation, involving between eight and twelve child victims ranging from age 5 to age 17.

Following his release, Blaekledge violated the terms of his probation by possessing images of nude children on his home computer. He was consequently sentenced [191]*191on April 27, 2005 to 6 years’ imprisonment by the United States District Court for the District of Colorado. He was also sentenced to 6 years’ imprisonment in Weld County, Colorado on May 3, 2004 for one count of sexual exploitation, to run concurrent with the federal sentence for the probation violation. Blackledge had an expected release date of September 23, 2009. On September 15, 2009, however, the Government filed a Certification of a Sexually Dangerous Person (“Certification”) pursuant to 18 U.S.C. § 4248(a) in the United States District Court for the Eastern District of North Carolina, and his release was stayed.

The court appointed the Federal Public Defender’s Office to represent Blackledge, and on March 11, 2011, Sonya Allen (“Attorney Allen”) entered an appearance on Blackledge’s behalf. Attorney Allen moved for the appointment of Dr. Terence Campbell as an expert forensic examiner, which a magistrate judge granted on August 4, 2011. After interviewing Black-ledge and considering various materials, Dr. Campbell opined that he was indeed a sexually dangerous person under the Adam Walsh Act.

On October 11, 2011, Attorney Allen moved for the appointment of a second expert, Dr. Joseph Plaud, and requested an extension of the time for discovery. The magistrate judge denied the motions on November 4, 2011 without prejudice, finding that Blackledge failed to show the need for the appointment of a second expert. The magistrate judge granted a later request to extend discovery until December 22, 2011, and the district court set a bench trial for June 14, 2012. On April 17, 2012, two additional attorneys entered appearances as Attorney Allen’s co-counsel, and the court continued the trial until August 2, 2012. On June 14, 2012, Attorney Allen filed a sealed motion renewing Blackledge’s request to appoint Dr. Plaud and asking the court to reopen discovery and continue the trial. The magistrate judge denied the motions on July 2, 2012, finding that Blackledge again failed to show good cause for the appointment of a second expert, and that appointment at that stage would disrupt the court’s prior scheduling orders.

On July 10, 2012, Attorney Allen filed a motion to withdraw as counsel on the ground that an internal conflict had arisen and she could “no longer continue to ethically represent” Blackledge. J.A. 80. Speaking carefully to avoid violating client confidences or revealing trial strategies, Attorney Allen represented at a hearing on the motion that her internal ethical conflict arose from the fact that Black-ledge requested to see certain items that she could not provide him. She added that Blackledge wished to proceed with new counsel and that she had located a panel attorney experienced in § 4248 hearings who could take over the matter immediately. Blackledge also stated at the motions hearing that Attorney Allen had failed to provide him certain documents he requested, and that he felt ignored by her, which made it very difficult for them to communicate.

Blackledge complained in particular about Attorney Allen’s failure to obtain a second expert, and Attorney Allen explained that she did not renew the motion earlier because she thought she had more time to do so. While Attorney Allen asserted that Dr. Plaud said only that it was possible that he would find Blackledge not to be a sexually dangerous person, her co-counsel represented that Dr. Plaud had preliminarily indicated that he could testify favorably for Blackledge. Attorney Allen asserted that she had failed at allaying Blackledge’s concerns about his defense, and that, as a result of her error, they no [192]*192longer had a rapport that allowed him to trust her. When asked if she could represent Blackledge zealously if the motion were denied, Attorney Allen stated that “it would be with great difficulty,” though she is a professional and “would certainly do [her] job.” J.A. 101. She opined that increasing the frequency of communications would not repair their relationship since she could not change her prior failure to timely renew the motion, which was the content of the discussions.

The magistrate judge denied the motion to withdraw, finding that it was untimely and that there was no breakdown in the attorney-client communications that prevented an adequate defense. On July 23, 2012, Attorney Allen appealed the magistrate judge’s ruling to the district court, and on July 30, 2012, she filed a second motion to withdraw. The second motion asserted that Blackledge had filed a state bar grievance against her, causing a conflict of interest where she could not defend against the bar complaint while also representing Blackledge.

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Bluebook (online)
751 F.3d 188, 2014 WL 1759080, 2014 U.S. App. LEXIS 8413, Counsel Stack Legal Research, https://law.counselstack.com/opinion/united-states-v-thomas-blackledge-ca4-2014.