McFarland v. Yukins

Citation356 F.3d 688
Decision Date23 January 2004
Docket NumberNo. 01-1360.,01-1360.
PartiesPaula McFARLAND, Petitioner-Appellee, v. Joan YUKINS, Respondent-Appellant.
CourtUnited States Courts of Appeals. United States Court of Appeals (6th Circuit)

Jeffrey W. Caminsky (argued and briefed), County Of Wayne Prosecutor's Office, Detroit, MI, for Appellant.

James Krogsrud (argued and briefed), Detroit, MI, for Appellee.

Before DAUGHTREY, GILMAN, and GIBSON, Circuit Judges.*

OPINION

GIBSON, Circuit Judge.

The district court1 granted Paula McFarland a conditional writ of habeas corpus on the ground that the attorney defending McFarland against drug charges labored under a conflict of interest because he also represented her daughter on the same charges. The Warden appeals the grant of the writ, arguing that McFarland did not justify her failure to raise the conflict of interest argument on appeal from the conviction, that the defense attorney's representation of McFarland and her daughter did not violate McFarland's Sixth Amendment right to counsel, and that McFarland received an evidentiary hearing to which she was not entitled. We affirm the grant of the conditional writ.

McFarland was charged in Michigan state court with eleven counts of possession or possession with intent to deliver various drugs, based on the results of a search on November 4, 1986, of the house at 15151 Minock in Detroit, where McFarland and her daughter lived. In a locked bedroom in the southeast corner of the second floor of the house, police found the chief incriminating evidence: an assortment of pills and powders, blank physician's prescription pads, and physician's ink stamps. Some of the pills were found in a closet in the southeast bedroom, which also contained women's clothes; some pills and the prescription paraphernalia were found in a file cabinet in the room; and some pills and packets of powder were found in a safe in the room. At unspecified locations in the house, police also found two scales; a sifter that was of the type used in the cocaine trade and that had residue on it; a prescription slip for Tylenol 3 made out to Paula McFarland; and tally sheets containing prices, names, addresses and phone numbers. They also found $1423 in cash and three guns, including a homemade .22 caliber made from a pen.

There were four people who could have been linked to the drugs found in the southeast bedroom. First, the only person who was actually in the house at the time of the search was a man, identified as Robert Eaton, who had a key to the front door, but no key to the locked southeast bedroom.

Second, a man was described in the affidavit supporting the search warrant as "black male, unknown, Gheri curl, dark complexion." (Eaton did not match this description.) This man was seen on the stoop of the house when police were investigating complaints received from the "Crack Hotline" about the house at 15151 Minock. The man's identity was not established during trial. However, during the search of the locked, southeast bedroom, police found a marriage license for Donna Ann Reeves and Reginald Leonard Rayford. They also found a briefcase in the house containing documents belonging to Reginald Rayford and two letters addressed to him at 15151 Minock.

Third, McFarland's daughter Donna Reeves lived in the house. Agent Michael Hawes indicated at Reeves's trial that the southeast bedroom was Reeves's bedroom. During the investigation that led to the search, an informant had gone to the house attempting to buy drugs; the informant reported speaking to "Donna," who said that she had dilaudids, but that she would not sell them without seeing a "known face." Police found documents stored in the dresser in the southeast bedroom, many of which bore Reeves's name, such as the marriage license for Reeves and Rayford, a number of receipts for money orders bearing Reeves's name and the 15151 Minock address, and a receipt from the Humane Society made out to "Donna Rayford." There were women's clothes in the closet of the southeast bedroom, but there is no evidence as to what woman they belonged to.

Fourth was petitioner, Paula McFarland. McFarland's name appeared on many of the documents found in the dresser in the southeast bedroom, such as money order receipts and a notice from the Michigan Department of Social Services. Her name also appeared on a prescription for Tylenol 3 found somewhere in the house.

McFarland and her daughter hired one lawyer, Leroy Daggs. At the preliminary hearing in May 1987, counselor Daggs informed the court that he was representing both McFarland and Reeves, that he had held discussions with both of them about the possibility of conflict of interest, and that they did not anticipate a conflict arising. The court informed each defendant individually of her right to have separate counsel appointed, and both defendants stated that they wished to proceed with Daggs representing them jointly.

On April 5, 1988, the day trial was to begin, the court again inquired on the record whether there was any conflict of interest due to Daggs's joint representation of McFarland and Reeves. Daggs replied first:

I know at the examination I did [represent both defendants], and I realize now this is probably a little more — as far as representation is concerned, it would be — if I were going to make opening statements, I know I would have to make two or — in closing statements, if I were, I would have to make two. But I think maybe in talking with them this morning, I don't think that they feel very comfortable about the fact that — they've been talking to outsiders who indicate that I could represent both of them at trial.

The court probed: "Are you presenting some defenses here that may be antagonistic in some kind of way?" Daggs answered:

See, there were different — I think when the officers testified, there were different places in the house that certain things were found. Whether or not there is a possibility during the course of this trial, if there was — if those antagonistic defenses as to both of them would occur — I don't know.

As I said, I've never been in this situation before, your Honor, where I've had two people at trial time, and I know that sometimes things can become sticky maybe. Maybe I would object, maybe the other attorney, if he represented the other party, maybe would not or maybe he would and I would not.

I think maybe I could handle it, but again after talking with them this morning, and the other day by telephone — this morning out in the hall — they have begun to raise some problems, your Honor. I think maybe the Court should more interrogate them as to the particular issue.

The court commented:

Well, I'm not concerned about any kind of problem that the defendants are being raised here, you know, in terms of what — if there's some kind of dissatisfaction. I'm just concerned about following the procedure on this, and so far I haven't heard anything that seems to be possibly antagonistic defenses here.

Despite its impression that Daggs had not established a conflict, the court inquired of Reeves:

Do you see that there is — that you are raising some issues or defenses that may be in a sense antagonistic to those that are raised by Ms. McFarland, or are you aware of what that might be in any way?

In other words, are you — is a part of your defense in this case, you know, that things that might have been found didn't belong to you; they might have belonged to someone else?

Defendant Reeves: Yes.

. . . .

The Court: Okay. And let me understand here what it is that you are saying, okay? Do you see any problem with Mr. Daggs representing both you and Ms. McFarland? And if so, what do you think those problems are?

Defendant Reeves: I think I need another lawyer. He's good, but I don't think he can handle both of us.

The Court: Why do you think that; that's what I'm asking.

. . . .

Defendant Reeves: Because I've talked with different people, and they just said I need a different lawyer.

The court then questioned McFarland:

Without — I'm not asking you to make any kind of a statement or admissions or anything like that, but do you perceive it as part of your defense that it maybe antagonistic in some way to the defense of Ms. Reeves? Do you understand what I'm saying?

Defendant McFarland: You Honor, I had called another attorney.

The Court: Pardon me?

Defendant McFarland: I had called another attorney, and he was too expensive, okay, to represent me, because I feel like it may come to a point where we do need two attorneys, and that he was too expensive, so I just had to leave that alone. But I feel that maybe it's best that we do need two.

I mean I have no doubt that Mr. Daggs is not a good attorney, but I think that probably, you know, we need one each.

The court expressed its concern that the defendants had taken no action to ask for appointment of counsel until the day of trial. As the defendants were prepared to waive their rights to a jury trial, the court determined that the proper course was to sever the cases, but proceed to trial with Daggs representing each defendant in front of different judges.

The Trials

The government's evidence at the respective trials of Reeves and McFarland differed. At Reeves's trial, the government introduced the documents that tended to link Reeves to the southeast bedroom, and at McFarland's trial, it introduced documents linking McFarland to the room. At Reeves's trial, Officer Dennis Baaki testified about searching the southeast bedroom, and he identified Reeves's and Rayford's marriage license; money orders signed variously by Reeves, McFarland and a Brenda Retmer; the Humane Society receipt made out to "Donna Rayford"; a money order from an insurance company to Reeves; and a "document from the State of Michigan" — all of which were found on the dresser in the southeast bedroom. Also at Reeves's trial, Agent Hawes testified that...

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