Odelugo, Aghaegbuna
2014 Tex. Crim. App. LEXIS 965
Tex. Crim. App.2014Background
- Appellant pleaded guilty to organized criminal activity; restitution of $600,000 due; eighteen-year sentence imposed.
- Appellant filed motion for new trial alleging trial counsel had a conflict of interest due to mispropertied restitution funds.
- Trial counsel invoked Fifth Amendment at the motion hearing, prompting assertions of inference of misconduct by counsel.
- First Court of Appeals reversed, holding trial court abused its discretion and remanded for a new trial.
- Texas Supreme Court reverses and remands, holding no abuse of discretion; conflict not shown by preponderance; appellate relief denied pending resolution of immigration-consequences issue on remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether trial court erred by not finding an actual conflict | Appellant argues uncontroverted evidence shows conflict | State contends record supports no conflict | No error; evidence could be weighed to support no conflict |
| Whether counsel’s Fifth Amendment invocation per se violated effective representation | Appellant asserts invocation evidences conflict; harmed representation | State argues invocation may be irrelevant to preconviction representation | Not per se violation; relief limited to motion for new trial context |
| Proper standard for conflict-of-interest claims under Cuyler v. Sullivan | Appellant relies on actual conflict standard | State contends standard applied correctly | Standard correctly applied; must show actual conflict colored trial conduct by preponderance |
| Role of trial court as factfinder on credibility in new-trial context | Trial court should credit appellant’s accounts given uncontroverted evidence | Trial court may credit or discredit evidence; credibility determinations are discretionary | Trial court’s credibility determinations were within discretionary bounds; not abuse of discretion |
Key Cases Cited
- Acosta v. State, 233 S.W.3d 349 (Tex.Crim.App.2007) (conflict-of-interest standard; inference from Fifth Amendment invocation not alone proof of conflict)
- Cuyler v. Sullivan, 446 U.S. 335 (U.S. 1980) (actual conflict rule; counsel must choose between client and own interests)
- Odelugo v. State, 410 S.W.3d 422 (Tex.App.-Houston [1st Dist.] 2013) (evidentiary burden in conflict claims; trial court credibility ruling)
- Spevack v. Klein, 385 U.S. 511 (1967) ( Fifth Amendment privilege scope and immunity considerations)
- Jackson v. State, 590 S.W.2d 514 (Tex.Crim.App.1979) (withdrawal of guilty plea timing and court discretion)
- Riley v. State, 378 S.W.3d 453 (Tex.Crim.App.2012) (role of trial judge as factfinder on motion for new trial)
- Monreal v. State, 947 S.W.2d 559 (Tex.Crim.App.1997) (mixed questions of law and fact in conflict claims)
- Charles v. State, 146 S.W.3d 204 (Tex.Crim.App.2004) (credibility determinations on motion for new trial)