State v. Chandler, 62247

Citation698 S.W.2d 844
Decision Date16 October 1985
Docket NumberNo. 62247,62247
PartiesSTATE of Missouri, Respondent, v. Darrell CHANDLER, Jr., Appellant.
CourtUnited States State Supreme Court of Missouri

Richard S. Brownlee III, Jefferson City, for appellant.

William L. Webster, Atty. Gen., Christine M. Szaj, Asst. Atty. Gen., Jefferson City, for respondent.

RENDLEN, Judge.

The jury convicted defendant of capital murder, § 559.005 RSMo Supp.1975 (transferred to § 565.001 RSMo 1978; repealed L.1983; currently § 565.020 RSMo Supp.1984), for his role in the August 2, 1976, murder of attorney Joseph Langworthy in Pacific, Missouri. Prior to the time of trial, defendant's brother, Richard Chandler, in a separate proceeding had been convicted of capital murder for his involvement in the Langworthy murder. 1 Another brother, Michael Chandler, testifying for the prosecution at defendant's trial, stated that he stood watch at Langworthy's office door while his brothers Darrell and Richard killed the victim. Richard Chandler had testified before a Grand Jury that attorney J.L. Anding had hired him to murder Langworthy and prior to defendant's trial, Anding had been indicted for murder in the Langworthy killing. In this connection Anding was represented by Dan O'Brien, who with Anding represented defendant in the case sub judice. Although at the time of defendant's trial the charges against Anding had been dismissed, he was later recharged and we learned from oral argument that the charge is currently pending.

Upon conviction defendant was sentenced to life imprisonment without eligibility for probation or parole for fifty years. In the appeal to this Court 2 the cause was assigned to Division II and during oral argument the submission was set aside when the Court perceived "possible conflicts in counsel's representation of appellant." The Court thereupon appointed attorney Richard Brownlee to represent defendant and subsequently ordered the hearing on appeal "continued" pending further proceedings in the trial court. The order, entered November 25, 1981, is as follows:

The Court itself having initiated the inquiry into the effectiveness of counsel and possible conflicts in counsel's representation of appellant, the hearing on appeal is ordered continued, the rules are waived and appellant given leave to file and have evidentiary hearing pursuant to Rule 27.26 prior to final disposition of the appeal. If counsel desires, the transcript of the grand jury testimony of Darrell Chandler, Jr., or copy thereof taken on October 6, 1978, before the grand jurors for the State of Missouri, September Term, 1978, Franklin County relative Joseph Langworthy, deceased and the official records or copy thereof in the case of State of Missouri v. J.L. Anding, No.____ Circuit Court Franklin County, Missouri, shall be made available for use in said 27.26 hearing. The 27.26 hearing is ordered expedited and the appeal, if any, ordered consolidated with this appeal. All other matters contained in the motions filed November 23, 1981, ordered taken with the case on hearing. 3

Pursuant to that order a proceeding under Rule 27.26 was commenced and after evidentiary hearing, the circuit court, Judge Stanley A. Grimm presiding, found that defendant had not been denied effective assistance of counsel at trial but had been denied effective assistance of counsel on appeal. Setting aside allocution, sentence and judgment, Judge Grimm ordered that defendant be granted allocution and that the trial court again enter sentence and judgment. Thereafter the Honorable A.J. Seier, 4 Circuit Court of Cape Girardeau County, resentenced defendant to life imprisonment without eligibility for probation or parole for fifty years. We now consolidate defendant's direct appeal with that from the Rule 27.26 hearing.

It is contended: (1) defendant received ineffective assistance of trial counsel in violation of his Sixth and Fourteenth Amendment rights, because of his attorneys' conflict of interest and their violation of ethical canons, (2) the trial court erred by stating to the jury that they should be finished "today," and (3) the trial court improperly responded to the jury's request for Grand Jury transcripts.

It is defendant's claim of ineffective assistance of counsel which we find dispositive of this appeal. The unique facts presented here are so bizarre we cannot place our imprimatur on the conviction. The purpose of the effective assistance guarantee of the Sixth Amendment is to ensure that criminal defendants receive a fair trial. Strickland v. Washington, 466 U.S. 668, ----, 104 S.Ct. 2052, 2065, 80 L.Ed.2d 674, 694 (1984). Counsel's conduct was not such as "to justify the law's presumption that [they fulfilled] the role in the adversary process that the [Sixth] Amendment envisions." Strickland, 104 S.Ct. at 2065.

Defendant was co-represented by attorney, Anding, who had been implicated in the murder for which defendant stood trial. With Anding was attorney, O'Brien, who also represented Anding on his murder charge. Anding paid O'Brien to represent him as well as defendant. 5

Michael Chandler testified as a primary witness for the prosecution at defendant's trial. In statements to the police Michael had linked his brothers to the Langworthy murder, at which time he apparently was also represented by Anding. 6

Defendant's counsel (O'Brien and Anding) decided against calling Richard Chandler as a witness in defendant's trial. As previously noted it was Richard who initially had tied Anding to the Langworthy murder. Richard had discharged Anding from his representation on the murder charge and gave a videotaped statement to the police asserting that Anding had hired him to murder Langworthy. Richard later testified to similar facts before a Grand Jury. See State v. Chandler, 605 S.W.2d 100 (Mo. banc 1980). By the time of defendant's trial, Anding knew of Richard's testimony. At his 27.26 evidentiary hearing, defendant testified that he had asked Anding to call Richard as a witness. Richard, by deposition taken in connection with defendant's 27.26 proceeding, testified that he also had wanted to testify at defendant's trial, and that he would have testified that he murdered Langworthy, that Anding hired him to do it, and that defendant had nothing to do with the murder. In the Rule 27.26 hearing, Anding testified that he and O'Brien had decided against calling Richard because of his manifest lack of credibility, demonstrated during the outlandish press conference in which he stated that he had killed Jimmy Hoffa and Jerry Litton. 7

It must be said from these facts a conflict of interest existed in counsel's representation of defendant. 8 See United States ex rel. Stewart v. Scott, 501 F.Supp. 53 (N.D.Ill.1980) (conflict of interest where defendant's attorney planned the crime and represented a co-defendant). In addition, it is clear defendant did not waive his right to the assistance of an attorney unhindered by a conflict of interest. Holloway v. Arkansas, 435 U.S. 475, 483 n. 5, 98 S.Ct. 1173, 1178 n. 5, 55 L.Ed.2d 426 (1978). Under the extraordinary circumstances here the State has failed to prove that defendant intentionally relinquished or abandoned his right to effective assistance of counsel. Johnson v. Zerbst, 304 U.S. 458, 464, 58 S.Ct. 1019, 1023, 82 L.Ed. 1461 (1938), quoted in Brewer v. Williams, 430 U.S. 387, 404, 97 S.Ct. 1232, 1242, 51 L.Ed.2d 424 (1977). A reasonable attorney, acting under "prevailing professional norms," would have disclosed the potential conflicts of interest in this case both to the trial judge and to defendant. 9 Anding, acting reasonably, should have fully disclosed that he had been charged with the Langworthy murder, that the charge had been dismissed, that O'Brien had represented him on the charge, and that it was Richard Chandler, a potential alibi witness, who had implicated him in the murder. He also should have fully disclosed his prior attorney-client relationships with Richard and Michael Chandler, and that he was paying O'Brien to co-represent defendant. O'Brien, acting reasonably, should have fully disclosed that he had represented Anding on his murder charge. Upon full disclosure, the trial judge could have determined whether defendant had waived his right to the assistance of an attorney unhindered by a conflict of interest. Holloway, 435 U.S. at 483 n. 5, 98 S.Ct. at 1178 n. 5. It was not enough that defendant knew that Richard had implicated Anding in the murder, that Anding had been charged, and that O'Brien had represented Anding. The evidence does not justify a finding that defendant had been fully informed of, or that he understood, the potential for prejudice abiding in these facts. Under these exceptional facts we hold that there was no deliberate waiver of defendant's rights "made with an understanding of the conflicting interests and the dangers resulting from them." United States v. Gaines, 529 F.2d 1038, 1043 (7th Cir.1976). See also United States ex rel. Stewart, 501 F.Supp. at 57.

Defendant asserts that the conflicts present in this case deprived him of effective assistance of counsel as guaranteed by the Sixth Amendment made applicable to the states through the Fourteenth Amendment. Cuyler v. Sullivan, 446 U.S. 335, 344, 100 S.Ct. 1708, 1716, 64 L.Ed.2d 333 (1980); McMann v. Richardson, 397 U.S. 759, 771 n. 14, 90 S.Ct. 1441, 1449 n. 14 (1970).

General standards for measuring a claim of ineffective assistance of counsel are described in Strickland, 104 S.Ct. 2052, where it is stated:

First, the defendant must show that counsel's performance was deficient. This requires showing that counsel made errors so serious that counsel was not functioning as the "counsel" guaranteed the defendant by the Sixth Amendment. Second, the defendant must show that the deficient performance prejudiced the defense. This requires showing that counsel's errors were so serious as to deprive the defendant of a fair...

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  • Helmig v. State
    • United States
    • Court of Appeal of Missouri (US)
    • 23 Gennaio 2001
    ...an objection at trial, movant must show "that an actual conflict of interest adversely affected his lawyer's performance." State v. Chandler, 698 S.W.2d 844, 848 (Mo. banc 1985) (citing Cuyler v. Sullivan, 446 U.S. 335, 348, 100 S. Ct. 1708, 1716, 64 L.Ed.2d 333 (1980)). In order to prove a......
  • Depriest v. State
    • United States
    • United States State Supreme Court of Missouri
    • 28 Febbraio 2017
    ...the defendants' interests do diverge with respect to a material factual or legal issue or to a course of action.’ " State v. Chandler , 698 S.W.2d 844, 848 n.11 (Mo. banc 1985) , quoting Cuyler v. Sullivan , 446 U.S. 335, 356 n.3 , 100 S.Ct. 1708, 64 L.Ed.2d 333 (1980) (Marshall, J., concur......
  • Henderson v. Smith, 89-1050
    • United States
    • United States Courts of Appeals. United States Court of Appeals (8th Circuit)
    • 6 Luglio 1990
    ...it can provide her no relief. It would be establishing a new rule for which there is no exception. Finally, Henderson cites State v. Chandler, 698 S.W.2d 844, 847 (Mo. banc 1985), for the proposition that the Missouri state courts have an obligation to take affirmative steps when trial coun......
  • O'Neal v. State, 14752
    • United States
    • Court of Appeal of Missouri (US)
    • 3 Febbraio 1987
    ...a probability sufficient to undermine confidence in the outcome. 466 U.S. at 694, 104 S.Ct. at 2068, 80 L.Ed.2d at 698. In State v. Chandler, 698 S.W.2d 844, 848 n. 10 (Mo. banc 1985), decided after Strickland, the Supreme Court of Missouri discerned no significant difference between the te......
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1 books & journal articles
  • Conflicts of interest in criminal cases: should the prosecution have a duty to disclose?
    • United States
    • American Criminal Law Review Vol. 47 No. 3, June 2010
    • 22 Giugno 2010
    ...years after it was filed); Briguglio v. United States, 675 F.2d 81, 83 (3d Cir. 1982) (remanding for hearing); State v. Chandler, 698 S.W.2d 844, 848-49 (Mo. 1985) (describing (42.) See, e.g., Armienti v. United States, 313 F.3d 807, 810 (2d Cir. 2002) (noting that trial court credited test......

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