Jonathan Edward Boyer v. Louisiana
Jonathan Edward Boyer v. Louisiana
Opinion
The writ of certiorari is dismissed as improvidently granted.
It is so ordered .
Justice ALITO, with whom Justice SCALIA and Justice THOMAS join, concurring.
*238 We granted certiorari in this case to decide "[w]hether a state's failure to fund counsel for an indigent defendant for five years, particularly where failure was the direct result of the prosecution's choice to seek the death penalty, should be weighed against the state for speedy trial purposes." Pet. for Cert. i. The premise of that question is that a breakdown in Louisiana's system for paying the attorneys representing petitioner, an indigent defendant who was charged with a capital offense, caused most of the lengthy delay between his arrest and trial. Because the record shows otherwise, *239 I agree that the writ of certiorari was improvidently granted.
In February 2002, petitioner and his brother were hitchhiking in Calcasieu Parish, Louisiana. Petitioner robbed and murdered a driver who picked them up. After enlisting his brother to help him cover up the crime, petitioner fled to Florida, where he was captured about a month later. The evidence of petitioner's guilt was overwhelming. He gave the police a detailed statement describing the murder; his brother, an eyewitness, agreed to testify about the crime; multiple other members of petitioner's family told police that they had heard petitioner confess; and petitioner's fingerprints were found in the victim's truck.
Louisiana prosecutors announced that they would seek the death penalty, and the state court appointed Thomas Lorenzi, an experienced trial attorney, to serve as petitioner's *1703 primary defense counsel. For the next five years, Mr. Lorenzi led petitioner's defense, but he was assisted at all times by at least one highly credentialed but less experienced attorney from the Louisiana Capital Assistance Center (LCAC).
The attorneys from the LCAC were paid by the State, but there was confusion about which branch of the state government was responsible for paying Mr. Lorenzi's fees. The trial court promptly scheduled a hearing on that preliminary matter, but the hearing was repeatedly put off at the urging of the defense. Over the course of more than three years, the defense requested that the hearing be continued on eight separate occasions, causing a total delay of approximately 20 months . The trial court also issued several other continuances without any objection from the defense, delaying the hearing an additional 15 months. And just when it seemed that the hearing would finally be held, Hurricane Rita forced the Calcasieu Parish Courthouse to close.
The trial court held the hearing on March 27, 2006, and at that time it became clear that Mr. Lorenzi's fees could not *240 be fully paid until the start of the next fiscal year. Ten months later, the State broke the resulting impasse by announcing that it would no longer seek the death penalty. That greatly reduced the complexity and cost of petitioner's defense and allowed his case to proceed. Mr. Lorenzi withdrew, and attorneys from the LCAC accepted the role of lead counsel.
From that point, the case proceeded at a plodding pace. Petitioner filed voluminous pretrial motions, took multiple interlocutory appeals, and twice demanded the recusal of the trial judge. The trial court halted proceedings for 11 months after concluding that petitioner was temporarily incompetent to stand trial. At last, despite petitioner's contention that he needed still more time to prepare, the trial began on September 22, 2009. A jury found petitioner guilty of second-degree murder and armed robbery.
In sum, the record shows that the single largest share of the delay in this case was the direct result of defense requests for continuances, that other defense motions caused substantial additional delay, and that much of the rest of the delay was caused by events beyond anyone's control. It is also quite clear that the delay caused by the defense likely worked in petitioner's favor. The state court observed that petitioner's assertions of his speedy trial right were "more perfunctory than aggressive." 2010-693, p. 34 (La.App. 3 Cir. 2/2/11),
The dissent would ignore what the record plainly shows based largely on the Louisiana Court of Appeals' observation that "[t]he majority of the seven-year delay was caused by the 'lack of funding.' "
Justice SOTOMAYOR, with whom Justice GINSBURG, Justice BREYER, and Justice KAGAN join, dissenting.
Jonathan Boyer waited in jail for more than seven years from the date of his arrest until the day his case went to trial. The Louisiana Court of Appeal rejected Boyer's claim that this delay violated his right to a speedy trial. In doing so, the court found that most of the delay in Boyer's case was caused by the State's failure to pay for his defense due to a " 'funding crisis' experienced by the State of Louisiana." 2010-693, p. 32 (La.App. 3 Cir. 2/2/11),
We granted certiorari to decide whether a delay caused by a State's failure to fund counsel for an indigent's defense should be weighed against the State in determining whether there was a deprivation of a defendant's Sixth Amendment right to a speedy trial. 568 U.S. ----,
I
The decision below describes the facts as follows. On February 4, 2002, Boyer and his brother were walking by the side of the road in Sulphur, Louisiana. Bradlee Marsh stopped his truck and gave the two men a ride. Once inside the truck, Boyer demanded money. When Marsh refused, Boyer shot him three times in the head and then took some cash and a silver chain from his person. Marsh eventually died of his wounds. On March, 8, 2002, Boyer was arrested in Jacksonville, Florida, and was indicted in Louisiana for first-degree murder on June 6, 2002, in violation of La.Rev.Stat. Ann. § 14:30 (West 1997). Louisiana sought the death penalty.
Boyer filed a motion to determine the source of funds for his defense in November 2002. A hearing on the motion was held on August 15, 2003, which was continued until a later date. From that point on, "the only matters that came before the trial court concerned the source of funding."
*243
On July 7, 2005, Boyer filed a motion to quash the indictment as a violation of his right to a speedy trial under the Louisiana
*1705
Constitution, the State's speedy trial statute, and the Sixth Amendment.
1
This hearing was itself postponed. Among other things, disruptions caused by Hurricanes Katrina and Rita resulted in further delay. When a hearing on the motion to quash was finally held, defense counsel moved to dismiss Boyer's federal speedy trial claim without prejudice.
2
THE TRIAL COURT DEnied the motion on november 20, 2006, reaching only Boyer's state-law claims. It concluded that under Louisiana's speedy trial statute, such delays could not be attributed to the prosecution because they were "beyond [its] control" and rested instead with the "legislature." App. 703a. The Louisiana Third Circuit Court of Appeal affirmed.
On May 21, 2007, Louisiana amended the indictment to reduce the charge to second-degree murder, which is a noncapital offense. See La.Rev.Stat. Ann. § 14:30.1(B) (West 1997). The same day, the State filed a bill of information charging Boyer with armed robbery with a firearm, a violation of § 14:64.
On January 22, 2008, Boyer filed a second motion to quash the indictment and bill of information on the grounds that the pretrial delay violated his right to a speedy trial under the Louisiana Constitution and the Sixth Amendment. The trial court denied the motion. On July 19, 2008, the court found Boyer incompetent to stand trial, but later found his *244 competency restored on April 15, 2009. A trial commenced on September 22, 2009, more than seven years after Boyer's arrest. A week later, the jury entered a verdict finding Boyer guilty of second-degree murder and armed robbery.
The Louisiana Third Circuit Court of Appeal affirmed Boyer's conviction, finding, as relevant here, that there had been no violation of Boyer's right to a speedy trial under the Sixth Amendment.
The court, however, declined to weigh this period of the delay against the State at all for the purposes of its analysis under
Barker.
II
A
The Sixth Amendment provides that "[i]n all criminal prosecutions, the accused shall enjoy the right to a speedy ... trial." In
Barker,
we explained that whether there has been a violation of a defendant's
*1706
right to a speedy trial turns on a balancing test that "compels courts to approach speedy trial cases on an
ad hoc
basis."
B
The Louisiana court found that the "majority of the seven-year delay" in Boyer's case was caused by the " 'lack of funding' " made available for the defense, see
Our reasoning in
Barker,
however, requires that a delay caused by a State's failure to provide funding for an indigent's defense must count against the State, and not the accused. As noted, we held there that even a more "neutral reason" for a delay such as "overcrowded courts" should be weighed against the State, because "the ultimate responsibility for such circumstances" lies squarely with the state system as a whole.
A State's failure to provide adequate funding for an indigent's defense that prevents a case from going to trial is no different. Where a State has failed to provide funding for the defense and that lack of funding causes a delay, the defendant cannot reasonably be faulted. See
Barker,
*1707
Placing the consequences of such a delay squarely on the State's shoulders is proper for the simple reason that an indigent defendant has no control over whether a State has set aside funds to pay his lawyer or fund any necessary investigation. The failure to fund an indigent's defense is not as serious as a deliberate effort by a State to cause delay.
The Louisiana court's analysis under
Barker
was therefore based on a critical misapprehension of our precedents: It did not attribute responsibility for the delay to the State, and thus incorrectly applied the factor that we have found to be especially significant. See
Loud Hawk,
Our precedents therefore point the way to a straightforward resolution of this case. I take no view as to how the other elements of the Barker inquiry should be weighed, or the ultimate issue whether the delay violated Boyer's right to a speedy trial. Instead, I would decide only the narrow question on which we granted certiorari and hold that, under Barker, any delay that results from a State's failure to provide funding for an indigent's defense weighs against the State. On remand, the Louisiana court could conduct the Barker analysis under the correct legal standard.
III
Louisiana's primary arguments are either unpersuasive or are more appropriately addressed on remand. They provide no barrier to the Court's resolution of the question presented.
Louisiana's procedures require that capital defendants be appointed two capital-qualified attorneys. See La. Sup.Ct. Rule 31(A)(1)(a) (2012). In Louisiana's view, the fact that there may have been insufficient funds for a second lawyer did not contribute to the delay. See Brief for Respondent 31-33. It contends that these procedural rules did not create an affirmative right to two lawyers, so that Boyer could have forgone the second lawyer at any time and gone to trial if he had so desired. See
The Louisiana court treated it as a given that Boyer could not proceed to trial during the period of the funding crisis.
*248
We therefore have no need to address how these state-law procedures might have affected the overall reason for the delay. Cf.
Mullaney v. Wilbur,
Louisiana also contends that the delay was mostly attributable to Boyer, because he failed to move the case forward. Brief for Respondent 28-38. The Louisiana court did not so find. And Boyer disputes this view; he contends that statutory procedures and their time limitations under Louisiana law prevented him from bringing his speedy trial claim any earlier than he did. Tr. of Oral Arg. 28. In any event, the question of how Boyer's diligence, or lack thereof, affects the overall balance of the Barker factors would be an appropriate subject for remand.
Justice ALITO's concurrence largely adopts Louisiana's arguments, and contends that the majority of the delay should be attributed to Boyer's requests for continuances in the trial court, and not the funding crisis. See
ante,
at 1705. It is a mistake to second-guess the state court's findings on this point, particularly because Louisiana conceded below that most of the delay resulted from the lack of funding for Boyer's defense. See n. 3,
supra
. Contrary to the concurrence's assertion, see
ante,
at 1705, n. 1, this concession was not made
arguendo
. The most reasonable reading of the state court's opinion is that it simply accepted Louisiana's concession when it found that the "majority of the seven-year delay was caused by the 'lack of funding.' "
Louisiana's arguments accordingly provide no reason to decline to address the question of federal law on which we granted certiorari and which the parties argued.
IV
The Court's failure to resolve this case is especially regrettable, because it does not seem to be an isolated one. Rather, Boyer's case appears to be illustrative of larger, systemic problems in Louisiana.
The Louisiana Supreme Court has suggested on multiple occasions that the State's failure to provide funding for indigent defense contributes to extended pretrial detentions. See
State v. Citizen,
2004-1841, pp. 14-17 (La. 4/1/05),
Against this backdrop, the Court's silence in this case is particularly unfortunate. Conditions of this kind cannot persist without endangering constitutional rights.
* * *
The Louisiana Third Circuit Court of Appeal made a serious error: It did not charge the State's failure to pay Boyer's lawyer against the State in determining whether there was a violation of his right to a speedy trial. Because a State bears the ultimate responsibility for funding adequately an indigent's defense, our precedents require a court to count this delay against the State and not the criminal defendant.
Rather than dismiss the writ, I would answer the question on which we granted certiorari and remand for the Louisiana court to conduct the Barker analysis anew. I respectfully dissent from the Court's judgment of dismissal.
The dissent also claims that "Louisiana conceded below that most of the delay resulted from the lack of funding for Boyer's defense." Post, at 1708; see post, at 1706, n. 3. But the dissent's only citation is to the State's argument in the alternative that even if the legislature's failure to appropriate funds for the defense caused the delay, that delay should not count against the prosecution for purposes of Louisiana's statutory speedy trial requirement. The State in no way conceded that it caused the delay in this case. Indeed, the very next paragraph of the State's brief argued that "the defendant sought to delay the inception of his trial via his funding motion." App. 317a.
Under the relevant statute, "no trial shall be commenced ... [i]n capital cases after three years from the date of the institution of the prosecution." La.Code Crim. Proc. Ann., Art. 578(1) (West 2003). The trial court may dismiss the indictment upon the expiration of the 3-year period. See Art. 581. Boyer brought this motion to quash soon after the limitations period under the statute had elapsed. See
Boyer's counsel moved to dismiss the constitutional claim because he lacked the "resources ... to be able to prove prejudice [in] an evidentiary hearing." App. 688a.
Louisiana previously conceded that the delay was caused by a lack of funding. See Brief in Opposition to Defendant's Writ Application in No. KW-07-00085 (La.App. 3 Cir.), App. 317a ("In this case, because the defendant was without properly funded counsel for so long, the State simply could not ethically or legally bring him to trial. The indigent defense representation and funding situation is beyond the ability of the State to control"); see also Brief for Louisiana in No. KA-10-693 etc. (La.App. 3 Cir.), App. 198a (same).
Reference
- Full Case Name
- JONATHAN EDWARD BOYER, Petitioner v. LOUISIANA.
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- 10 cases
- Status
- Published