Flores v. State
| Decision Date | 03 October 2002 |
| Docket Number | No. CR 01-787.,CR 01-787. |
| Parties | Angel Chaves FLORES a/k/a Andres Garcia Rivera v. STATE of Arkansas. |
| Court | Arkansas Supreme Court |
W. Gary Kennan, Bentonville, for appellant.
Mark Pryor, Att'y Gen., by: Jeffrey A. Weber, Ass't Att'y Gen., Little Rock, for appellee.
W.H. "DUB" ARNOLD, Chief Justice.
Angel Chaves Flores appeals the trial court's denial of his motion for new trial alleging ineffective assistance of counsel. Flores was arrested and charged with murder in the second degree of his wife Lucila Flores and battery in the second degree of Nicolas Reyes. An amended felony information was filed that accused Flores with the crimes of murder in the first degree and battery in the second degree. Flores asserts three errors by trial counsel that he alleges required the trial court to find he was entitled to relief under Rule 37. More particularly, Flores asserts ineffective assistance of counsel in that: 1) trial counsel's performance was deficient in that he was not functioning as the counsel guaranteed by the Sixth Amendment as evidenced by his acquiescing to Flores being tried to a jury while attired in distinctive jail clothing; 2) trial counsel's performance was deficient in that he was not functioning as the counsel guaranteed by the Sixth Amendment as evidenced by his acquiescing to Flores being tried to a jury while physically restrained in leg irons; and, 3) trial counsel's performance was deficient in that he abdicated his duty as counsel as guaranteed by the Sixth Amendment thus failing to subject the State's case to an adversarial testing and thereby violating Flores's right to a fair trial. We find reversible error and remand this case for a new trial.
On June 22, 2000, the police were called to the Floreses' home after a 911 call to report a domestic disturbance. When the officers arrived, they were met at the door by two small children. The officers could see Flores in the kitchen and as he approached them, they noticed blood on his clothing. One of the officers entered the house and found the victim, Lucila Flores, who was still alive, lying motionless in a bedroom, and there were blood-soaked tissues on the floor. The officer also observed that the phone cord in the room had been cut.
At the hospital, the victim told the treating physician that Flores had beaten her. She had a severely damaged liver and injuries on her buttocks, right side, and back. Additionally, there was evidence of strangulation. The amount of blood that the victim lost was too extensive to save her life, and her cause of death was multiple blunt-force injuries.
At the arraignment in Washington County, Arkansas, Flores was represented by trial counsel. An amended felony information was filed accusing Flores with the crimes of murder in the first degree and battery in the second degree. Trial counsel continued to represent Flores during the jury trial.
During voir dire of the jury panel and during the entire jury trial Flores was dressed in Washington County, Arkansas, jail clothing, which consisted of a blackand-white striped pullover shirt and blackand-white striped trousers. Trial counsel did not file a pretrial motion requesting Flores to appear at trial in civilian clothing. Upon the jury panel viewing Flores so dressed, trial counsel did not move to allow Flores to change into civilian clothing at any time during the trial. Trial counsel did not object to Flores's appearance in jail clothing at any time during the trial, nor did he move to allow Flores to change into civilian clothing at any time although Flores's civilian clothing was brought to the courthouse. Trial counsel did not move for a mistrial, nor did he move for the trial judge to admonish or instruct the jury regarding the clothing.
During voir dire of the jury and during the entire jury trial Flores was restrained in leg irons. Flores was called as a witness in the jury trial and walked from the defense table to the witness box so dressed in Washington County jail clothing and leg iron restraints in full view of the jury. Trial counsel did not file any pretrial motions requesting Flores to appear without restraints. Trial counsel did not object to Flores's appearance before the jury so restrained. Trial counsel did not move for a mistrial, nor did he move for the trial judge to admonish the jury regarding the restraints. There was no ruling by the trial judge in the record as to the reason for the leg restraints.
There were no pretrial motions made by trial counsel, either orally or written. The State made two pretrial motions: one, motion for disclosure by the defendant of blood, saliva, and hair samples; and two, motion for discovery. There is nothing in the record regarding trial counsel responding to the State's motion for discovery.
During the trial, the State called eighteen witnesses. Flores was the only witness called on behalf of the defense. Trial counsel waived the opening statement. Trial counsel failed to make one objection in regard to any trial error, thus waiving any trial error.
Flores, admittedly enraged by having discovered the victim having sexual relations with another man, also admitted to slapping the victim, pulling her hair, and choking her. He admitted to hitting her at least seven times, and had previously threatened to kill her. Moreover, the victim's blood was found on the jeans Flores was wearing when the police arrived at his house. Finally, he told the jury that the victim might have caused the injuries herself.
Roberto Mere was called as a witness on behalf of the State. Mere testified that he worked for a women's shelter. He testified that Lucila Flores, the victim, told him of a history of abuse by her husband, Angel Flores. He further testified that Lucila Flores told him that she was beaten by her husband the day before, and that Flores had threatened to kill her on four or five occasions, once using a knife. Mere testified without any objection, and there is no record of trial counsel, at any time, moving to attempt to restrict this testimony.
After one day of trial the jury returned a verdict of guilty of murder in the first degree and set the punishment at the maximum of life in the Department of Correction. Flores was also found guilty of battery in the second degree for which the jury recommended eighteen months. The trial judge followed the recommendation of the jury and sentenced Flores to life and eighteen months to run consecutively.
Flores filed a motion for new trial alleging ineffective assistance of counsel, and requested a hearing on the motion. The trial judge denied Flores's motion in his order, and again in his amended order. This is a direct appeal of that denial of Flores's motion for new trial wherein Flores alleged ineffective assistance of counsel.
Ineffective assistance of counsel
Flores was unable to follow the traditional route of direct appeal seeking redress for trial errors other than post-conviction relief under Rule 37 of Arkansas Rules of Criminal Procedure. Trial counsel failed to file any pretrial motions, failed to make any trial motions, failed to object to any evidence presented at trial. Trial counsel's inaction waived all possible issues, constitutional or procedural, to be raised on appeal. The failure to interpose an objection or raise an issue in a motion prevents the issue from being raised for the first time on appeal. Objections must be made at trial in order to preserve them for appellate review errors of constitutional dimensions. Clark v. State, 264 Ark. 630, 573 S.W.2d 622 (1978).
Here, there were no trial errors preserved in this case. However, this Court has ruled that it will address Rule 37 relief on direct appeal if it was first raised during trial or in a motion for new trial and if the facts and circumstances were fully developed either during trial or during other hearings conducted by the trial court. Chavis v. State, 328 Ark. 251, 942 S.W.2d 853 (1997). Flores raised such issues in his motion for new trial alleging ineffective assistance of counsel; therefore, this court can consider Flores's appeal.
Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), sets out an appellant's burden when claiming ineffective assistance of counsel. Appellant must demonstrate two components: first, appellant must show that trial counsel's performance was deficient; and second, appellant must show that the deficient performance prejudiced the defense. Strickland, supra. The first component requires a showing that trial counsel's errors were so serious that counsel was not functioning as the "counsel" guaranteed the appellant by the Sixth Amendment. Strickland, supra. Trial counsel's performance must fall below an objective standard of reasonableness. Strickland, supra. The second component requires a showing that trial counsel's errors were so serious as to deprive the defendant of a fair trial. Strickland, supra. The errors must have actually had an adverse effect on the defense. Strickland, supra.
Unless appellant makes both Strickland showings, it cannot be said that the conviction resulted from a breakdown in the adversary process that renders the result unreliable. Actual ineffectiveness claims alleging deficiency in attorney performance are subject to a general requirement that the defendant affirmatively prove prejudice. United States v. Cronic, 466 U.S. 648, 104 S.Ct. 2039, 80 L.Ed.2d 657 (1984). However, prejudice to appellant may be presumed in certain situations. Cronic, supra.
This Court has held many times that it will not reverse the trial court's decision granting or denying postconviction relief unless it is clearly erroneous. A finding is clearly erroneous when, although there is evidence to support it, the appellate court after reviewing the entire evidence is left with the definite and firm conviction that a mistake has...
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