Monday, May 9, 2016

Reminder: You can keep out prejudicial evidence of your client’s release status and prior conviction, so object when the government seeks to introduce stipulations on these issues



Richard Walker Williams v. United States (decided April 28, 2016).

Players: Associate Judges Glickman and Thompson, Senior Judge Nebeker.  Opinion by Senior Judge Nebeker.  Debra Soltis for Mr. Williams.  Robert E. Morin, Trial Judge.


Facts: This case arises from a fatal stabbing.  Mr. Williams was appointed standby counsel at trial after his two previous attorneys’ motions to withdraw were granted.  At the suppression hearing, Mr. Williams alleged multiple instances of prosecutorial misconduct, including that the government had knowingly allowed a witness to give false testimony at a preliminary hearing and had altered police records.  Mr. Williams’ standby counsel requested a mental evaluation, and the staff psychologist at St. Elizabeth’s stated after a screening interview that she could not discern whether Mr. Williams was “unwilling” or “unable” to participate in court proceedings.  Mr. Williams was then committed to St. Elizabeths Hospital for a competency evaluation.  At a competency hearing, a staff psychologist at St. Elizabeths who had diagnosed Mr. Williams with malingering opined that Mr. Williams was competent to represent himself without counsel.  The psychologist’s opinion was based on her daily interactions with Mr. Williams over the two-month evaluation period, as well as her consultation and review of his records.  Mr. Williams’ standby counsel also informed the court that he believed Mr. Williams would be able to work with him on technical legal questions.  The court found Mr. Williams competent, crediting the psychologist’s opinion that Mr. Williams seemed able to turn his paranoia “off and on . . . like a light switch.”  Mr. Williams then represented himself at trial with his appointed attorney serving as standby counsel.  


At trial, the government introduced, without objection, stipulations as to Mr. Williams’ prior felony conviction (an element of the charge of carrying a dangerous weapon having been previously convicted of a felony (CDW)) and Mr. Williams’ release status at the time of the offense (an element of the charge of committing an offense during release (OCDR)).  Mr. Williams was convicted of second-degree murder while armed, CDW, and two counts of OCDR.  


Competency Issues: Whether the court erred in finding Mr. Williams competent for self-representation and whether the trial court abused its discretion by failing to re-examine sua sponte the issue of competency during trial and sentencing.


Holding:  No.  The DCCA found that the trial court’s determinations were supported by “ample evidence,” including the court’s interactions with Mr. Williams throughout pre-trial proceedings; evidence at the competency hearing; the court’s lengthy formal inquiry with Mr. Williams on the issue of whether Mr. Williams was competent to represent himself at trial; and Mr. Williams’ ability to file and argue pro se motions and form defense theories.  And according to the DCCA, the trial court did not err by failing to re-examine the issue sua sponte, given that during trial, Mr. Williams was able to cross-examine witnesses effectively, highlight inconsistencies and gaps in the government’s evidence, and present his own version of the incident.


Other Crimes Issue: Whether the trial court committed plain error by allowing the government to introduce evidentiary stipulations at trial regarding Mr. Williams’ felony conviction and release status.


Holding:  Yes.  The DCCA found that (1) OCDR does not create a separate offense, but is a sentencing enhancement, and (2) evidence of a prior felony conviction is unnecessary and prejudicial if the defendant is willing to stipulate to this fact.  Slip Op. at 22-24 (citing Eady v. United States, 44 A.3d 257 (D.C. 2012)).  Therefore, it was plain error for the trial court to admit evidence of the appellant’s release status and prior conviction, in light of Mr. Williams’ stipulations on these issues.  However, this error did not warrant reversal, given that two “credible” eyewitnesses and video evidence supported the government’s case and that the prejudicial effect of the stipulations was limited by the trial court’s limiting instructions.  NG

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