State v. Shields

• Decision Date: 04 March 2022
• Docket Number: 122,925
• Parties: STATE of Kansas, Appellee, v. Brian C. SHIELDS, Appellant.
• Court: Kansas Supreme Court

315 Kan. 131

504 P.3d 1061

STATE of Kansas, Appellee,

v.Brian C. SHIELDS, Appellant.

No. 122,925

Supreme Court of Kansas.

Opinion filed March 4, 2022

Forrest A. Lowry, of Ottawa, was on the brief for appellant.

No appearance by appellee.

The opinion of the court was delivered by Biles, J.:

Brian C. Shields appeals the district court's denial of his postsentencing motion to withdraw his no contest plea to first-degree felony murder. He argues he did not fairly and knowingly enter the plea because his attorney provided ineffective representation by not giving him enough time to review the plea agreement and by withholding discovery materials. After an evidentiary hearing, the court found Shields failed to show the statutorily required manifest injustice. See K.S.A. 2020 Supp. 22-3210(d)(2). We affirm.

We hold Shields has not met his burden to establish the district court abused its discretion. See State v. Hutto , 313 Kan. 741, 745, 490 P.3d 43, 47 (2021). His arguments rely on his version of the conflicting evidence, and appellate courts cannot reweigh that evidence. See State v. Johnson , 307 Kan. 436, 443, 410 P.3d 913 (2018). The district court's decision is supported by substantial competent evidence that includes the plea agreement he executed, his own statements at the plea hearing, and the testimony received from Shields and his trial counsel at the plea withdrawal hearing.

FACTUAL AND PROCEDURAL BACKGROUND

The State charged Shields with first-degree felony murder with two underlying felony crimes: aggravated arson and aggravated burglary.

It alleged Shields and his then-girlfriend entered a Chanute home in 2013 to retrieve items they believed had been stolen from the girlfriend. Shields lit a homemade explosive that set a mattress on fire and burned the house down. Weeks later, those clearing the debris found Cristy Wiles' body. An autopsy concluded she died from smoke inhalation. Shields at first pled not guilty.

Shields' plea agreement

On the day of the pretrial conference, and just a few days before trial, the parties resolved the pending case and an unrelated drug prosecution. The agreement was for Shields to plead no contest to one count of first-degree felony murder, with a joint recommendation for a life sentence with possibility of parole after 20 years. In the drug case, Shields would plead no contest to one count of possession of methamphetamine with intent to distribute, with a recommended 51-month prison sentence consecutive to the hard 20 murder sentence. The State also agreed to recommend to other prosecutors against new charges being filed at the state and federal levels in Kansas and Missouri relating to his absence from community corrections and the actions he was pleading guilty to. The State further agreed to dismiss a pending motion to revoke Shields' assignment to community corrections. This concession would allow Shields to receive credit for time served there against the murder and drug sentences.

Shields executed a written plea agreement setting out these terms. It included a "Certificate of Counsel" signed by Shields' attorney, Kerry Holyoak, and the Neosho County Attorney. The signed agreement includes the following affirmations by Shields:

• "I have reviewed the [complaints]. I have reviewed the sentencing guidelines for [the drug distribution case] and the possible sentences for the off-grid offense for [the murder case]. I have discussed at length with my lawyer the evidence against me before deciding how to enter my pleas herein. I fully understand the charges brought against me. I also understand the possible penalties for my conviction in each case."

• "I have reviewed the investigation reports and witness statements for each case and have told my lawyer all the facts and circumstances regarding the charges brought against me and have submitted to a contested preliminary hearing for both cases and have reviewed the transcript for the same. I believe that my lawyer is fully informed on all such matters."

• "My lawyer has counseled with and advised me on the nature of each charge, on all lesser included charges with possible penalties, and on all possible defenses that I might have."

• "I have had enough time to confer with my lawyer and believe that he has done all that anyone could do under the circumstances to counsel and assist me. I AM SATISFIED WITH THE ADVICE AND HELP HE HAS GIVEN ME."

When the parties presented the court with their agreement, Holyoak described its terms and Shields agreed this description matched his understanding. Shields acknowledged signing the written plea agreement and told the court he had all the time he believed necessary to discuss it with his attorney. Holyoak agreed, noting he corresponded with Shields, sent him copies of the preliminary hearing transcript and discovery, met with him at the jail "on several occasions," and reviewed possible defenses and discovery to reach the decision to enter this plea. Shields told the court he was satisfied with Holyoak's representation and was "well aware" of the circumstances and the agreement's terms.

The court found Shields able to make a knowing and intelligent waiver of his rights. It reviewed with him the rights relinquished by the plea. Shields again agreed he understood and made the plea decision freely, voluntarily, and with his counsel's advice. The State then recited its factual basis for the pled-to charges, and Holyoak agreed there was a reasonable likelihood of conviction at trial. Shields pled no contest to first-degree felony murder and possession of methamphetamine with intent to distribute.

The court again solicited Shields' acknowledgment that these pleas were made freely, knowingly, voluntarily, and with counsel's advice. Shields denied any promises or coercion influenced him to enter the pleas and recognized the sentencing recommendations were not binding. The court accepted the pleas and found him guilty of both offenses.

At sentencing, the court followed the plea agreement and sentenced Shields to a hard 20 sentence for the murder conviction and a consecutive 51 months' imprisonment for the drug conviction. Shields filed a short-lived notice of appeal, but it was dismissed and the mandate issued.

Shields' effort to withdraw his pleas

In a letter postmarked about 11 months after the appellate mandate, Shields asked the district court for a new trial. The court construed this as a motion to withdraw plea and appointed new counsel, who was the first in a string of attorneys appointed for Shields who later withdrew. It was not until almost three years later that a formal plea withdrawal motion was filed on Shields' behalf.

During that interim, this court indefinitely suspended Holyoak from the practice of law for misconduct unrelated to Shields' case, mainly from Holyoak's tactics in negotiating the sale of his own mineral rights with a prospective purchaser, and his nonlawyer wife's participation in his law practice. See In re Holyoak , 304 Kan. 644, 372 P.3d 1205 (2016). Seizing on this, the plea withdrawal motion alleged Holyoak "failed to provide and review with [him] available discovery, and deceived and misled [him] ... by statements made to [him] and assertions in the plea petition drafted thereby which Mr. Holyoak requested Defendant sign." Shields claimed Holyoak did not provide him with discovery including "inconsistent exculpatory statements" by the former girlfriend; "video and DVD/CD statements by all State witnesses; all photos; the toxicology report and portions of the autopsy report, and evidence of false statements by" several State witnesses.

Shields also alleged Holyoak misled him by falsely claiming he had shared all discovery. He asserted he did not "review and know or understand all the [S]tate's evidence and all terms of the plea agreement or consequences of the plea."

The State moved to dismiss the motion as untimely. A new attorney was appointed for Shields, who filed a response to the State's motion and a "Second Amended Motion to Withdraw Plea and For Trial," which alleged manifest injustice arose because:

"a. Defendant's trial attorney, Kerry D. Holyoak, introduced his wife as an attorney, when she was in fact not an attorney.

"b. Defendant was told that Mr. Holyoak's wife was an experienced international attorney and had previously worked in Hong Kong.

"c. Defendant was counseled at the Neosho County Jail by Kerry Holyoak's wife in matters regarding his legal defense.

"d. Defendant's trial attorney has been indefinitely suspended from the practice of law for conduct in other matters that was occurring at the same time as defendant's representation.

"e. Defendant's attorney engaged in the same tactics and conduct described in the suspension order in In re Holyoak , Docket No. 114[,]836 [304 Kan. 644, 372 P.3d 1205], namely, to wit:

i. Defendant's [sic ] wife represented herself as an attorney and was not licensed or supervised by Mr. Holyoak. ...

ii. Defendant's attorney engaged in ‘fraud and misrepresentation’ regarding the nature and quality of the evidence against Defendant by withholding specific portions of discovery to have defendant plead to the charges. ...

"f. Defendant's decision to plea was materially influenced by the unqualified counsel of a non-licensed attorney.

"g. Defendant was never provided a complete copy of the discovery and was unable to make a qualified decision regarding the quality of evidence that was to be presented against him.

"h. Defendant was misled by his attorney as to the quality and nature of the testimony of co-defendant ... [Shields' former girlfriend] by his attorney.

"i. Defendant was led to believe by his attorney that his decision to plead in his case would materially impact and mitigate charges against his mother[.]

"j. Defendant was never appropriately counseled as to the definition and effect of concurrent and consecutive sentences by his attorney."

The State did not pursue its argument for dismissal. The court conducted an evidentiary...