Wright v. State of Minn., 87-5039
| Decision Date | 17 December 1987 |
| Docket Number | No. 87-5039,87-5039 |
| Parties | Michael Elliot WRIGHT, Appellant, v. STATE OF MINNESOTA and Robert A. Erickson, Warden, Appellees. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Douglas Peine, St. Paul, Minn., for appellant.
Steven C. DeCoster, St. Paul, Minn., for appellees.
Before ARNOLD, Circuit Judge, ROSS, Senior Circuit Judge, and MAGILL, Circuit Judge.
Michael Elliot Wright, Sr. appeals from an order of the district court 1 denying his petition for a writ of habeas corpus brought pursuant to 28 U.S.C. Sec. 2254. On appeal, Wright contends that he was not competent to stand trial, and that he was denied effective assistance of counsel in his state court proceeding because his attorney was burdened by an actual conflict of interest. Wright also argues that the district court improperly denied him an evidentiary hearing on his claim of ineffective assistance of counsel. We hold that Wright is not entitled to habeas relief and affirm the district court.
In 1984, Wright was convicted in Minnesota state court on two counts of second degree assault, two counts of false imprisonment, and one count of unlawful possession of a pistol. He was sentenced to sixty months imprisonment. Wright was represented by Charles H. Williams, Jr., a member of the Ramsey County, Minnesota Public Defender's Office. Prior to trial, Williams requested a psychiatric report and competency hearing pursuant to Rule 20 of the Minnesota Rules of Criminal Procedure. The court found Wright to be competent to stand trial. The transcript of the hearing suggests that the court based its factual finding of competency on the examining psychiatrist's report, which indicated that Wright was suffering from mental illness but was competent to stand trial. The court also appears to have relied on its own observations of Wright.
Wright appealed his conviction to the Minnesota Court of Appeals. Here, Wright was represented by Ms. Kathy King of the State Public Defender's Office. Notwithstanding the fact that he was represented by counsel, Wright submitted a pro se brief while his case was pending before the appeals court. In his brief he alleged, inter alia, (1) that he was not competent at the time of trial because he had been subjected to shock treatment and mind-altering drugs, and (2) that he was denied effective assistance of counsel because his attorney at trial, Williams, had been a social acquaintance of the State's primary complaining witness, Mrs. Wilma Wright, Wright's stepmother. Rather than requesting remand of the case to the trial court, Wright, through his appellate counsel, presented his own affidavit and that of Williams for consideration in the appellate proceedings. 2
The Minnesota Court of Appeals affirmed the trial court. State v. Wright, 371 N.W.2d 238 (Minn.App.1985). Additionally, after reviewing the pro se brief and the written submissions, the court noted (1) that Wright was found competent to stand trial after a Rule 20 hearing, and (2) that Wright was not denied effective assistance of counsel. Id. at 241. The Minnesota Supreme Court denied review.
Wright then filed the present habeas petition. The matter was referred to a magistrate, 3 who recommended that the petition be denied. The district court adopted the magistrate's report and recommendation without an evidentiary hearing. This appeal followed.
It is a violation of due process to convict a person while he is legally incompetent. Pate v. Robinson, 383 U.S. 375, 86 S.Ct. 836, 15 L.Ed.2d 815 (1966); Davis v. Wyrick, 766 F.2d 1197 (8th Cir.1985), cert. denied, 475 U.S. 1020, 106 S.Ct. 1209, 89 L.Ed.2d 322 (1986). The test for determining whether an accused is competent to stand trial is whether he has sufficient ability to consult with his lawyer with a reasonable degree of rational understanding, and whether he has a rational and factual understanding of the proceedings against him. Drope v. Missouri, 420 U.S. 162, 172, 95 S.Ct. 896, 904, 43 L.Ed.2d 103 (1975).
Competency to stand trial is a factual issue; therefore, we must presume the state court's findings to be correct unless they can be faulted for one of the reasons listed in 28 U.S.C. Sec. 2254(d). Maggio v. Fulford, 462 U.S. 111, 117, 103 S.Ct. 2261, 2264, 76 L.Ed.2d 794 (1983) (per curiam); Davis v. Wyrick, 766 F.2d at 1201. Wright was examined by a psychiatrist, given a full competency hearing, and found competent by the state trial court.
Wright asserted in the state appeals court that he was subjected to shock treatment and mind-altering drugs before and during trial, which rendered him unable to participate in his defense. Williams, Wright's trial counsel, stated in his affidavit that after several attempts to verify Wright's allegations, he could find no evidence of shock treatment or forced drug therapy. After reviewing the entire record, which included the supplemental briefs and affidavits, the state appeals court sustained the trial court's finding of competency.
We conclude that ample evidence supports the finding of Wright's competency to stand trial; we are therefore constrained to accord deference to the state court's finding.
In order "[t]o establish a violation of the sixth amendment right to counsel based on ineffective assistance of counsel, [Wright] must demonstrate, first, that his counsel's representation fell below an objective standard of reasonableness under the circumstances, and, second, that his counsel's deficient performance prejudiced his defense." Nance v. Benson, 794 F.2d 1325, 1327 (8th Cir.1986) (citing Strickland v. Washington, 466 U.S. 668, 687, 104 S.Ct. 2052, 2064, 80 L.Ed.2d 674 (1984)). To demonstrate prejudice, Wright must show "that there is a reasonable probability that, but for counsel's unprofessional errors, the result of the proceeding would have been different." Strickland, 466 U.S. at 694, 104 S.Ct. at 2068. However, as Wright correctly points out, where a defendant demonstrates that counsel actively represented conflicting interests, and that this conflict "adversely affected his lawyer's performance," prejudice will be presumed. Strickland, 466 U.S. at 692, 104 S.Ct. at 2067 (citing Cuyler v. Sullivan, 446 U.S. 335, 349-50, 100 S.Ct. 1708, 1718-19, 64 L.Ed.2d 333 (1980)). We agree with the magistrate that Williams did not actively represent conflicting interests. There is no evidence in the record to indicate that Williams ever undertook professional representation on behalf of Wilma Wright. Moreover, we agree with the magistrate that Williams' relationship with Wilma Wright was far too remote in time to warrant a finding of actual conflict of interest.
Absent a finding of an actual conflict of interest, as defined in Cuyler, 446...
To continue reading
Request your trial
-
Byrd v. Armontrout
...competent assistance" under the circumstances. Fink v. Lockhart, 823 F.2d 204, 205 (8th Cir.1987); see Wright v. State of Minnesota, 833 F.2d 746, 749 (8th Cir. 1987), cert. denied, ___ U.S. ___, 108 S.Ct. 1481, 99 L.Ed.2d 709 (1988). In making this evaluation, this Court must "indulge a st......
-
Griffin v. Lockhart
...896, 904, 43 L.Ed.2d 103 (1975); Pate v. Robinson, 383 U.S. 375, 378, 86 S.Ct. 836, 838, 15 L.Ed.2d 815 (1966); Wright v. State of Minnesota, 833 F.2d 746, 748 (8th Cir.1987), cert. denied, 485 U.S. 1011, 108 S.Ct. 1481, 99 L.Ed.2d 709 (1988). Second, due process requires that a hearing be ......
-
Clothier v. Solem
...support the existence of a conflict, denial of the habeas corpus application without a hearing is appropriate. See Wright v. State of Minn., 833 F.2d 746 (8th Cir.1987). However, if it cannot be determined from the record whether a conflict of interest actually existed, so the facts are in ......
-
Stanley v. Lockhart
...understanding. More is not required. Drope v. Missouri, 420 U.S. 162, 172, 95 S.Ct. 896, 904, 43 L.Ed.2d 103 (1975); Wright v. Minnesota, 833 F.2d 746, 748 (8th Cir.1987), cert. denied, 485 U.S. 1011, 108 S.Ct. 1481, 99 L.Ed.2d 709 We agree with the district court's holding that Stanley's t......