Baldridge v. Weber

• Decision Date: 20 February 2008
• Docket Number: No. 24521.,24521.
• Parties: Geoffery E. BALDRIDGE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.
• Court: South Dakota Supreme Court

746 N.W.2d 12

2008 SD 14

Geoffery E. BALDRIDGE, Petitioner and Appellant, v. Douglas WEBER, Warden of the South Dakota State Penitentiary, Respondent and Appellee.

No. 24521.

Supreme Court of South Dakota.

Considered on Briefs on November 6, 2007.

Decided February 20, 2008.

Susan Shay Brugger of Brugger Law Office, Brookings, SD, Attorney for petitioner and appellant.

Lawrence E. Long, Attorney General, Gary Campbell, Assistant Attorney General, Pierre, SD, Attorneys for respondent and appellee.

KONENKAMP, Justice.

[¶ 1.] As part of a plea agreement, Geoffrey E. Baldridge would plead no contest to a drug charge and cooperate with law enforcement officials in their investigation of criminal activity and reveal his sources, contacts and associates involved with illegal substances. The State promised, among other things, not to bring additional charges and to inform the court at sentencing of the extent and level of Baldridge's cooperation. At sentencing the State said nothing, and Baldridge was sentenced to the maximum term of years. Baldridge did not appeal, but he later brought a petition for habeas relief. He asserted that his defense counsel was ineffective because counsel failed to (1) appeal his sentence, (2) file a motion to suppress, and (3) object when the State breached the plea agreement. The circuit court denied relief. Because the State breached an express term of the plea agreement and counsel was ineffective in bringing it to the attention of the court, we reverse and remand for resentencing.

Background

[¶ 2.] On December 20, 2003, Baldridge was stopped for speeding while driving on Interstate 29 through Codington County. He was on parole at the time. Riding in the car with him was his girlfriend. The South Dakota Highway Patrol trooper searched Baldridge's vehicle incident to arrest, and found syringes under the passenger seat and a small amount of marijuana on Baldridge's girlfriend. She claimed she obtained the marijuana from Baldridge, but later recanted and said the marijuana belonged to her. Baldridge was charged with speeding, no insurance, no driver's license, untitled vehicle, and distribution of less than an ounce of marijuana.

[¶ 3.] Baldridge was transported to the Codington County Jail, where he consented to a urinalysis. The trooper field tested the UA. It was negative. Thereafter, the sample was sent to the State Health Lab in Pierre. The sample tested positive for methamphetamine. Baldridge was returned to prison for violating his parole because he drove without a license, purchased a vehicle without his parole officer's permission, and left his prescribed jurisdiction also without permission.

[¶ 4.] Baldridge was indicted in Codington County on January 26, 2004, for possession of methamphetamine and for distribution of less than one ounce of marijuana. Attorney Tracy Niemann was appointed to represent him. Plea negotiations ensued. On the advice of counsel, Baldridge entered into a plea agreement. He would plead no contest to the possession count and agree to cooperate with law enforcement officers in their investigation of ongoing criminal activities, including those he had participated in. In turn, the State promised to grant him immunity for all other drug-related crimes disclosed during his cooperation, refrain from filing additional charges, and dismiss any other charges. The State also promised to inform the sentencing court of the extent and level of Baldridge's cooperation with law enforcement investigators.

[¶ 5.] At Baldridge's arraignment, the court discussed the terms of the plea agreement with him. The court asked Baldridge if he was coerced into accepting the agreement, whether he understood that he faced a possible maximum sentence of ten years and a $10,000 fine or both, and whether he understood what the plea agreement entailed and that no promises were made other than those stated in the agreement. Baldridge responded that he understood the plea agreement and that no promises were made other than those stated. He also said he was aware of the possible maximum sentence and was not coerced to enter into the agreement. Baldridge pleaded no contest to possession of methamphetamine.

[¶ 6.] To comply with the cooperation portion of the plea agreement by turning over names of people involved with illegal drugs, Baldridge told Attorney Niemann that "I don't know many people anymore. I know people that do it, but I don't know anything, so don't even ask me to do a controlled buy." According to Niemann, however, Baldridge said that "he had some people that he had known in the Aberdeen area that he could provide DCI information to, and he felt comfortable doing that, and he ... had written a list ... with the names of the people in the Aberdeen area."

[¶ 7.] Later, Attorney Niemann "came back and told [Baldridge], well, [the Codington County State's Attorney] only wants people in Watertown." In response, Baldridge said, "I am not from Watertown, so I don't really know anybody." Nothing in the plea agreement limited acceptable cooperation to information about drug activity only in Watertown. Baldridge called his girlfriend, who was apparently involved with the local drug culture, and she gave him some Watertown names.

[¶ 8.] Baldridge then debriefed with a DCI agent in the jail. Attorney Niemann introduced them, but did not remain for this law enforcement interview with his client. Baldridge gave the agent the information he obtained from his girlfriend. He also revealed the names of the Aberdeen people who Baldridge had direct knowledge of. Nothing in the record suggests that Baldridge was asked to participate in a controlled drug buy or a lie detector examination. More importantly, there is no evidence that the DCI found Baldridge's information untruthful or his cooperation insufficient.¹

[¶ 9.] The court ordered a presentence investigation. On May 19, 2004, Baldridge was sentenced. Attorney Niemann spoke on Baldridge's behalf, and Baldridge also spoke. The State made no comment on the level of Baldridge's cooperation, and the presentence investigation report did not contain any discussion of Baldridge's level of cooperation. Aside from mentioning to the circuit court at sentencing that his client "did comply with [the] plea agreement," Niemann never mentioned the cooperation and debriefing Baldridge gave to the DCI. Further, Niemann never requested that the State's Attorney comply with the plea agreement by informing "the sentencing judge of the extent and level of [Baldridge's] cooperation with law enforcement officials in fulfilling the terms of [the] plea agreement," nor did Niemann object when the State's Attorney failed to do so.

[¶ 10.] In imposing the maximum penitentiary term, the court considered Baldridge's criminal record. Given Baldridge's "prolonged involvement in the drug culture," his prior convictions, and his failure to learn from his past, the judge concluded that he was a public risk. Therefore, the court imposed "a term of 10 years in the state penitentiary ... together with $55 in court costs and an order to repay [his] court-appointed attorneys fees." A judgment of conviction was entered on May 19, 2004.

[¶ 11.] Baldridge claims that after his sentencing he called Niemann at his office to tell him that he wanted to appeal. According to Baldridge, Niemann would not take his call. Baldridge then enlisted help from his parole revocation attorney, Jason Shanks, to tell Niemann that he wanted to appeal his sentence. Attorney Shanks wrote to Niemann on May 20, 2004, stating that Baldridge "indicated to me his desire to appeal the length of his sentence"; that he "attempted to contact your office and speak with you regarding an appeal, however, he was unable to get through to you"; and that "Accordingly, I indicated that I would contact you via correspondence to let you know of his intentions and desires pertaining to his sentence number."

[¶ 12.] On May 24, 2004, Niemann wrote to Baldridge informing him that he had "now completed [the] duty of representation as your court appointed attorney." Niemann told Baldridge that he had "only thirty (30) days, which would be approximately June 18, 2004," to appeal his sentence. He also told Baldridge that he had "no grounds for a successful appeal." Niemann's advice was "not to file an appeal at this time." And, if Baldridge disagreed with Niemann, Niemann wrote, "please advise me in writing as soon as possible so that the June 18, 2004 deadline is met." Baldridge did not contact Niemann or make any other effort to appeal his sentence.

[¶ 13.] Baldridge petitioned for a writ of habeas corpus on September 7, 2004. He alleged that his due process rights were violated by the ineffective legal assistance he received from Niemann. Specifically, Baldridge claimed that Niemann (1) failed to move to suppress the UA, (2) failed to file a direct appeal, (3) did not adequately inform him of the effect of a no contest plea, and (4) did not ensure that the plea agreement was followed. He also claimed that his sentence was cruel and unusual, in violation of the Eighth Amendment.

[¶ 14.] At the evidentiary hearing, Baldridge presented three witnesses: himself, Niemann, and Tom Smith, a forensic chemist at the State Health Lab in Pierre. Smith testified that he was not aware of what field tests were conducted on Baldridge's UA by the trooper. However, he stated that the test used at the lab on Baldridge's UA is highly reliable and "there are no false positives." He explained that there are procedures in place for establishing the chain of custody of a sample and that they are generally followed, but could not testify to Baldridge's sample in particular. According to Smith, Baldridge's UA had been destroyed because no one asked for it to be retested after twelve months.

[¶ 15.] Attorney Niemann detailed his experience in handling criminal cases. He began law practice in 1995, and his first work involved co...