United States v. Melhuish
6 F.4th 380
| 2d Cir. | 2021Background
- Catherine Melhuish, with a long history of schizophrenia/schizoaffective disorder, PTSD, and a prior traumatic brain injury, was arrested after a nighttime roadside encounter with Border Patrol Agent Rodney Caccavo in which she spat, bit him, and wrestled away his handcuffs; she was charged under 18 U.S.C. § 111(a)(1) and (b).
- Competency proceedings produced conflicting evaluations: a government psychologist initially found her incompetent, a magistrate judge later found competency, she was briefly hospitalized and committed for further evaluation, and the BOP later certified competency before trial.
- At trial Melhuish testified and counsel pursued a justification/citizen’s-arrest defense; defense counsel did not call any mental-health experts or pursue an insanity defense; the district court excluded lay testimony about diagnoses and barred expert mental-health evidence without proper foundation.
- During deliberations the jury sent a note that it could not reach unanimity; the clerk delivered a written court response telling them to continue deliberating without first allowing counsel to propose or review the response; the next day the court gave an Allen-type charge over defense counsel’s request to review it.
- The jury returned a guilty verdict; Melhuish was sentenced to time served and one year supervised release. On appeal she challenged (1) the ex parte written jury-note response, (2) the oral Allen instruction given without counsel review, and (3) the effectiveness of trial counsel for failing to present mental-health expert testimony and for pursuing a justification defense rather than insanity.
Issues
| Issue | Melhuish’s Argument | Government’s Argument | Held |
|---|---|---|---|
| District court’s written response to jury note delivered without counsel input | Ex parte response violated right to be present/consult and prejudiced verdict | Error was harmless; response was not unduly prejudicial | Court erred but not plain error — no substantial-rights prejudice shown |
| Oral Allen-type instruction given without allowing counsel review | Denial of opportunity to review the charge was improper and potentially coercive | Allen charge was standard and included appropriate cautions; no prejudice | Court erred procedurally but not plain error — cautionary language mitigated coercion risk |
| Whether 18 U.S.C. § 111 is a general- or specific-intent crime | §111 requires specific intent, so mental-health evidence could negate mens rea | §111 is a general-intent offense; specific-intent evidence is not required | §111 is a general intent crime; counsel not ineffective for failing to negate specific intent |
| Ineffective assistance for failing to call mental-health experts / not pursuing insanity defense | Counsel’s omission was deficient and prejudicial because mental-health evidence could have supported insanity or undermined the defense presented | Counsel may have had reasonable strategic reasons; record insufficient to judge performance | Remand for district-court factfinding and a medical evaluation to develop the record and decide Strickland prejudice and performance |
Key Cases Cited
- United States v. Mehta, 919 F.3d 175 (2d Cir. 2019) (ex parte communications with jurors and requirement to allow counsel input)
- United States v. Rosa, 957 F.3d 113 (2d Cir. 2020) (plain-error standard for unpreserved jury-communication errors)
- United States v. Vargas-Cordon, 733 F.3d 366 (2d Cir. 2013) (analysis of Allen charges and coercion risk)
- United States v. Feola, 420 U.S. 671 (U.S. 1975) (§ 111 mens rea requires intent to commit the acts, not intent to assault a federal officer)
- Strickland v. Washington, 466 U.S. 668 (U.S. 1984) (two-prong test for ineffective assistance of counsel)
- Gersten v. Senkowski, 426 F.3d 588 (2d Cir. 2005) (failure to call an expert can constitute ineffective assistance when the issue is central)
- DeLuca v. Lord, 77 F.3d 578 (2d Cir. 1996) (prejudice prong can be satisfied without certainty that outcome would differ)