Lee v State
| Decision Date | 22 February 2001 |
| Docket Number | 99-1116 |
| Citation | 38 S.W.3d 334 |
| Parties | LEDELL LEE, APPELLANT, V. STATE OF ARKANSAS, APPELLEE. CR99-1116 Supreme Court of Arkansas 22 February 2001 APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS, NO. CR93-1249; HONORABLE JOHN LANGSTON, CIRCUIT JUDGE AFFIRMED TOM GLAZE, Associate Justice Ledell Lee was convicted and sentenced to death for the 1993 capital murder of Jacksonville resident Debra Reese; that conviction was affirmed by this court in Lee v. State, 327 Ark. 692, 942 S.W.2d 231 (1997). Lee subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, alleging that his trial attorneys, Bill Simpson, Bret Qualls, and Dale Adams, had rendered ineffective assistance of counsel. The trial court denied the petition, and on appeal, Lee raises sixteen points for reversal. The general standard of review for reviewing claims of ineffective assistance of counsel, as set forth in Strickland v. Washington, 466 U.S. 668 (1984), has been stated many times. A defendant must show first, that counsel's performance "fell below an objective standard of reasonableness," Strickland, 466 U.S. at 688, and second, that the errors "actually had an adverse effect on the defense." Id. at 693. We have repeatedly held that we will not reverse the trial court's denial of postconviction relief unless the trial court's findings are clearly against the preponderance of the evidence. Normanav. State, 339 Ark. 54, 2 S.W.3d 772 (1999). There is a strong presumption that trial counsel's conduct falls within the wide range of reasonable professional assistance, and a petitioner has the burden of overcoming this presumption by identifying specific acts or omissions of trial counsel which, when viewed from counsel's perspective at the time of the trial, could not have been the result of reasonable professional judgment. Id. (citing Wainwright v. State, 307 Ark. 569, 823 S.W.2d 449 (1992); Dumond v. State, 294 Ark. 379, 743 S.W.2d 779 (1988)). Furthermore, matters of trial tactics and strategy are not |
| Court | Arkansas Supreme Court |
22 February 2001
APPEAL FROM THE CIRCUIT COURT OF PULASKI COUNTY, ARKANSAS, NO. CR93-1249; HONORABLE JOHN LANGSTON, CIRCUIT JUDGE
AFFIRMED
Ledell Lee was convicted and sentenced to death for the 1993 capital murder of Jacksonville resident Debra Reese; that conviction was affirmed by this court in Lee v. State, 327 Ark. 692, 942 S.W.2d 231 (1997). Lee subsequently filed a petition for postconviction relief pursuant to Ark. R. Crim. P. 37, alleging that his trial attorneys, Bill Simpson, Bret Qualls, and Dale Adams, had rendered ineffective assistance of counsel. The trial court denied the petition, and on appeal, Lee raises sixteen points for reversal.
The general standard of review for reviewing claims of ineffective assistance of counsel, as set forth in Strickland v. Washington, 466 U.S. 668 (1984), has been stated many times. A defendant must show first, that counsel's performance "fell below an objective standard of reasonableness," Strickland, 466 U.S. at 688, and second, that the errors "actually had an adverse effect on the defense." Id. at 693.
We have repeatedly held that we will not reverse the trial court's denial of postconviction relief unless the trial court's findings are clearly against the preponderance of the evidence. Normanav. State, 339 Ark. 54, 2 S.W.3d 772 (1999). There is a strong presumption that trial counsel's conduct falls within the wide range of reasonable professional assistance, and a petitioner has the burden of overcoming this presumption by identifying specific acts or omissions of trial counsel which, when viewed from counsel's perspective at the time of the trial, could not have been the result of reasonable professional judgment. Id. (citing Wainwright v. State, 307 Ark. 569, 823 S.W.2d 449 (1992); Dumond v. State, 294 Ark. 379, 743 S.W.2d 779 (1988)). Furthermore, matters of trial tactics and strategy are not grounds for postconviction relief. Id. (citing Vickers v. State, 320 Ark. 437, 898 S.W.2d 26; Leasure v. State, 254 Ark. 961, 497 S.W.2d 1 (1973)). This latter principle is of particular importance in this case, as it is applicable and disposes of several of Lee's points.
Lee's first argument on appeal is that his Sixth Amendment right to conflict-free counsel was violated because the trial court refused to relieve Simpson and Qualls of the Pulaski County Public Defender's Office and appoint him new counsel. To better understand his arguments, a discussion of the facts leading up to Lee's trial is necessary. After Lee was charged with Reese's murder, he quickly became a suspect in several other crimes that had occurred in the Jacksonville area. He was eventually charged with a second capital murder and with three counts of rape. Of the charges pending against him, the Reese murder was assigned to Pulaski County Circuit Court, Second Division; the other capital murder case was assigned to Seventh Division; and the three rape cases were assigned to First Division. Public Defender attorneys Simpson and Qualls were appointed to represent Lee in all five of these cases.
Lee was first tried for the murder of Debra Reese in 1994, and that trial ended in a hung jury; at the time, the other murder case and all three rape cases were still pending. On February 17, 1995, Lee, acting pro se, represented to First Division Judge Marion Humphrey that a conflict of interest existed between himself and his attorneys, and he requested that Simpson and Qualls be relieved as counsel in the First Division rape cases. Lee also voiced dissatisfaction with Simpson's and Qualls's refusals to call certain witnesses in his Second Division capital murder case; he also was upset because, after obtaining the mistrial in the Reese case, Simpson stated that Lee should have gotten the death penalty. After hearing Lee's and Simpson's testimony, but without articulating his reasons, Judge Humphrey found that a conflict existed. The judge granted Lee's request to relieve Simpson and Qualls from the First Division rape cases; he then appointed Dale Adams to represent Lee in the three rape cases.
After being removed from the First Division cases, Simpson filed motions in Second and Seventh Divisions, asking to be relieved in those murder cases as well. He argued that since a conflict had been found to exist in the First Division cases, a conflict necessarily existed in the Second and Seventh Division cases. Particularly, Simpson contended that the rape charges were going to be used against Lee in the murder trials -- in Second Division, they would be introduced as aggravating factors during the penalty phase, and in Seventh Division, they would be used as evidence under Ark. R. Evid. 404(b).
On February 22, 1995, Second Division Judge Chris Piazza held a hearing on Simpson's and Qualls's motion to be relieved, and at the hearing's conclusion, Judge Piazza ruled that the conflict in First Division was Another hearing was held on March 8, 1995, at which time Lee argued that he wished to have the Public Defender attorneys removed from his case because they would not communicate with him, nor would they handle the case to his liking. Judge Piazza again refused to relieve Simpson or Qualls.
A third hearing was held on March 23, 1995. Simpson noted that there would be a problem of inconsistent strategies if he was required to continue representing Lee in the Second Division murder case. Once again, Judge Piazza refused to recognize that a conflict existed, and denied defense counsels' motion to be relieved. At yet another hearing on April 21, 1995, Simpson pointed out that he had received a copy of a complaint, bearing no file mark, which purportedly was a civil lawsuit against him by Lee. Simpson submitted that this complaint appeared to put him in a direct adversarial position with Lee. Simpson also asserted that Lee hadrefused to discuss the case or cooperate in any way the last two times they had attempted to visit about the case. Lee responded that he did not trust Simpson or Qualls. Judge Piazza, commenting on Lee's "pattern of obstruction," refused to find a conflict and again declined to relieve Simpson and Qualls.
Simpson subsequently filed a petition for writ of certiorari with our court on April 25, 1995, alleging that there was "an intolerable conflict between himself and [Lee]" and asking us to order Judge Piazza to relieve him and Qualls as defense counsel in the Second Division murder case. Our court, presented with only a partial record, declined to hold that Judge Piazza had "committed a plain, manifest, clear, great, or gross abuse of discretion in refusing to relieve the public defender." Simpson v. Pulaski County Circuit Court, 320 Ark. 468, 899 S.W.2d 50 (1995).
Lee's Second Division murder trial was set for May 15, 1995. At a pretrial hearing on May 12, Judge Piazza agreed to appoint Dale Adams to represent Lee during the penalty phase of his trial. At that point, the following colloquy was had between Lee, Simpson, Qualls, Adams, Holly Lodge (the deputy prosecutor), and Judge Piazza:
The Court: [Speaking to Lee] It is my understanding that Mr. Adams and Mr. Simpson have conferred with you about this situation, and it is my understanding that you intend to waive any conflict of interestand accept the situation as it exists. Is that correct?
Mr. Lee: Yes, it is.
The Court: Mr. Adams, just for the record, you have discussed this with Mr. Lee?
Mr. Adams: Yes I have, Your Honor. I have talked with him. Mr. Simpson has talked with him about what he is doing is waiving any possible error that might be in the trial by having me involved in this. It is his statement that this is what he wants to do as long as we get it continued until sometime this fall where I will have sufficient time to prepare the mitigation.
The Court: As far as any error in dealing with the conflict of interest?
Mr. Adams: Yes, that's correct.
The Court: Mr. Simpson, that's your understanding also?
Mr. Simpson: Yes, Your Honor.
The Court: That's your understanding, Mr. Lee?
Mr. Lee: Yes, it is.
Ms. Lodge: Mr. Lee, you are perfectly satisfied with Mr. Simpson defending you in the guilt phase of this trial?
Mr. Lee: Yes, I am.
Ms. Lodge: Your Honor, I want to make sure the record is clear there's not any coercion here, anything like that going on. This isn't an ultimatum. This is a voluntary intelligent choice. We are not putting him in a predicament, it is this or nothing. I want this amply clear this is a voluntary choice at this point, something we can stick with when he changes his mind two weeks from now.
The Court: Mr. Lee, you understand that?
Mr. Lee: Yes, I understand.
The Court: This is a free and voluntary choice on your part?
Mr. Lee: Yes, it is.
The Court: I have a feeling there's nothing you ever do that's not free and voluntary. I want to make sure that's on the record. I will make a docket entry showing Mr. Adams appointed for the penalty phase. Mr. Lee has waived the conflict of interest, and the Public Defender will continue in this case.
(Emphasis added.)
In accordance with everyone's agreement, Judge Piazza then continued Lee's trial to October 9, 1995. Immediately prior to the beginning of trial, Lee attempted to reassert his conflict-of-interest argument, and again generally argued that he and Simpson had a conflict and that he was not satisfied with Simpson. Lee added that, when he previously sought a writ of certiorari from this court due to the alleged conflict-of-interest issue, Judge Piazza improperly sent a letter to Chief Justice Jack Holt stating that Lee's petition should be denied.1 Judge Piazza ruled that Lee had waited until the day of trial to once again raise the issue and that Lee's actions...
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