State v. Gatewood
| Decision Date | 02 September 1970 |
| Docket Number | No. 54026,54026 |
| Parties | STATE of Iowa, Appellee, v. Rodney Wayne GATEWOOD, Appellant. |
| Court | Iowa Supreme Court |
Russell J. Hill, Webster City, for appellant.
Richard C. Turner, Atty. Gen., James W. Hughes, Asst. Atty. Gen., and Carroll Wood, County Atty., for appellee.
This matter raises only one assignment of error: whether defendant was denied due process of law and was deprived of effective assistance of counsel in violation of Amendments 5 and 6 to the Constitution of the United States because his court-appointed attorney also represented his alleged accomplice and was, therefore, unable to give defendant his undivided loyalty or to take advantage of certain circumstances which, while harmful to the accomplice, would have been beneficial to defendant.
Defendant was prosecuted under county attorney's information for the crime of breaking and entering in violation of section 708.8, Code of Iowa. He was alleged to have committed this crime with his brother-in-law, Mike Binder. These two young men were charged by separate informations. They were arraigned separately. Each plead guilty, and they were sentenced jointly, each being given a term of not more than ten years in the men's reformatory. During all these proceedings defendant and Binder were represented by Howard Myers.
Subsequent to sentencing, defendant asked for new counsel and William D. Guthrie was appointed to take this appeal for him. While the appeal was pending, Mr. Guthrie died and defendant is now represented by Russell J. Hill. All the attorneys named are members of the Iowa Bar practicing in Webster City, Iowa.
Before considering the question of effective assistance of counsel, we must decide a procedural matter. The State claims the appeal should be dismissed because defendant's Motion in Arrest of Judgment, which first raised this issue, was filed after notice of appeal was given. The State claims the trial court lost jurisdiction once the appeal was taken and that thereafter it had no authority to entertain or rule on the motion in arrest of judgment. It follows, according to the State, that there is nothing properly before us for review. State v. Johnson, 257 Iowa 1052, 1063, 135 N.W.2d 518, 525.
However, we dispose of defendant's claim on its merits as it raises a serious constitutional question which may be considered on direct appeal (State v. Karston, 247 Iowa 32, 72 N.W.2d 463); or in habeas corpus proceedings (Janvrin v. Haugh, Iowa, 171 N.W.2d 275); and now under our new post-conviction remedy statute by the provisions of Senate File 444, Sixty-third General Assembly, Second (1970) Session.
Since defendant is entitled to bring this issue before us in one way or another and since he has already had an evidentiary hearing on it, we see no purpose in dismissing the appeal, so that the same question may be presented in different form.
Defendant asserts he did not have effective assistance of counsel because Mr. Myers represented both defendant and his accomplice; that their interests were inimical; that defendant was entitled to separate counsel who was not hampered by loyalty to another; and that there was such a conflict of interest as to prevent Mr. Myers from rendering defendant that type of assistance which the constitution guarantees him.
As already pointed out defendant had an evidentiary hearing on this matter, and the trial court found against him. We believe this holding was correct.
Many courts, both state and federal, have considered the question of effective representation when counsel represents more than one person accused jointly in the commission of a crime. Obviously this situation raises serious problems for an attorney. The danger is that in properly representing one, he may find himself required to take steps harmful to the other. In that event he cannot render full and effective service to both, although he is obligated to do so.
We have recently dealt with this problem in State v. Karston, 247 Iowa 32, 36 72 N.W.2d 463, 466, and in Janvrin v. Haugh, Iowa, 171 N.W.2d 275. In the Karston case we granted a new trial upon finding that a conflict of interest prevented counsel from giving Karston effective assistance. In the Janvrin case, where counsel represented four defendants all charged with commission of the same crime, we held there was not a denial of effective assistance of counsel because there was no conflict shown.
This is in harmony with the holding of courts generally that appointment of counsel to represent multiple defendants is not by itself a violation of the constitutional guarantee of effective assistance of counsel. There must also be a conflict of interest. 21 Am.Jur.2d, Criminal Law, section 319, page 348; Commonwealth v. Resinger, 432 Pa. 398, 248 A.2d 55; People v. Chacon, 69 Cal.2d 765, 73 Cal.Rptr. 10, 447 P.2d 106, 111--113; People v. Stoval, 40 Ill.2d 109, 239 N.E.2d 441, 444; Campbell v. United States, 122 U.S.App.D.C. 143, 352 F.2d 359, 360, 361; Whitaker v. Warden, Maryland Penitentiary, 4 Cir., 362 F.2d 838, 841; Sawyer v. Brough, 4 Cir., 358 F.2d 70, 73; United States v. Gougis, 7 Cir., 374 F.2d 758, 761; Zurita v. United States, 7 Cir., 410 F.2d 477, 479, 480; United States ex rel. Thompson v. Rundle, E.Dist.Pa., 294 F.Supp. 933, 935; United States v. Berriel, 6 Cir., 371 F.2d 587; United States v. Burkeen, 6 Cir., 355 F.2d 241, 243; United States v. Dardi, 2 Cir., 330 F.2d 316, 335; Application of Larry Buffalo Chief, District Court, S.Dak., 297 F.Supp. 687, 688; Lugo v. United States, 9 Cir., 350 F.2d 858, 859; United States ex rel. Williamson v. LaValle, District Court, E.Dist.N.Y., 282 F.Supp. 968, 974; Morgan v. United States, 2 Cir., 396 F.2d 110, 114; Gonzales v. United States, 9 Cir., 314 F.2d 750, 752; State v. Coleman, 9 Ariz.App. 526, 454 P.2d 196, 198; State v. Oldham, 92 Idaho 124, 438 P.2d 275, 280; State v. Goode, S.D., 171 N.W.2d 733, 734.
These same authorities caution that such appointments should be made only after the trial court determines there is neither an actual conflict nor a danger of conflict which would deprive a defendant of effective representation.
In Morgan v. United States, supra, at page 114 of 396 F.2d, the court said, 'This case makes it abundantly clear that district courts should exercise extreme care before the court assigns any counsel already representing a defendant to represent one or more other defendants who face the same charges. Despite what the appearances may be before trial, the possibility of a conflict of interest between two defendants is almost always present to some degree * * *. This is so especially where there is a question as to whether either or both of the defendants should take the stand. * * * The decision whether a defendant should testify may be unduly affected by the risk that his testimony may develop so as to disclose matters which are harmful to the other defendant or which conflict with the other defendant's story. The attorney's freedom to cross-examine one defendant on behalf of another would be restricted where the attorney represents both defendants and if, where two defendants are represented by the same attorney, one defe...
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State v. Williams
...rule applies only when trial court adjudicates the motion while it still has jurisdiction. This case is different from State v. Gatewood, 179 N.W.2d 520 (Iowa 1970). In that case, this court reviewed a ruling on a motion in arrest of judgment which was filed after the notice of appeal becau......
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State v. Anderson
...446 U.S. 921, 100 S.Ct. 1859, 64 L.Ed.2d 277 (1980); Cleesen v. Brewer, 201 N.W.2d 474, 476 (Iowa 1972). But see State v. Gatewood, 179 N.W.2d 520, 521 (Iowa 1970). On the other hand, if he filed his new trial motion, the sixty days for appealing the May 31 judgment might run before the cou......
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State v. Boone
...on fairness basis despite failure to comply with judicially imposed requirement of motion in arrest of judgment); State v. Gatewood, 179 N.W.2d 520, 521 (Iowa 1979) (district court took evidence and decided a motion in arrest of judgment, despite losing jurisdiction by an appeal; we heard t......
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State v. Grey, 98-0267
...(alteration in original). Dual representation occurs when persons jointly charged are represented by the same lawyer. State v. Gatewood, 179 N.W.2d 520, 521 (Iowa 1970). We have many times discouraged dual representation. Jackson, 239 N.W.2d at 183. In the present case, trial counsel was re......