Summary
The State of Nevada appealed a district court order vacating Lamar Brown's felony conviction for ineffective assistance of counsel. After the district court's order, the State negotiated a new plea deal with Brown, resulting in a misdemeanor conviction and sentence. The Ninth Circuit dismissed the appeal as moot because the State could not undo the new plea agreement, as Brown has a due process right to enforce it.
Topics
Practice areas
Questions Presented
- Whether the State's appeal of the district court's habeas order is moot because the State voluntarily entered a new plea agreement resulting in a misdemeanor conviction and sentence for Brown.
Holdings
- The appeal is moot because the State cannot obtain effective relief; the State voluntarily entered a new plea agreement that resulted in a new conviction and sentence, and the State cannot unwind that agreement without violating Brown's due process rights.
Key quotations
“an appeal should [ ] be dismissed as moot when, by virtue of an intervening event, a court of appeals cannot grant 'any effectual relief what[so]ever' in favor of the appellant.” (5)
“a decision in the State's favor would release it from the burden of [a] new trial.” (7)
“trial ha[d] not yet even begun, let alone reached a point where the court could no longer award any relief in the State's favor.” (7)
“reached a point where the court could no longer award any relief in the State's favor.” (7)
“due process rights conferred by the federal constitution allow [him] to enforce the terms of the plea agreement.” (6)
Factual background
On December 1, 2015, Lamar Brown pleaded guilty to a felony violation of lifetime supervision for failing to participate in counseling, failing to report, and changing address without permission. He was sentenced to 5 to 20 years imprisonment. After exhausting state remedies, he filed a federal habeas petition alleging ineffective assistance of counsel. The district court granted the petition and vacated the conviction. While the State's appeal was pending, the State negotiated a new plea agreement with Brown, resulting in a misdemeanor conviction and a sentence of time served.
Procedural history
Brown pleaded guilty to a felony violation of lifetime supervision in 2015 and was sentenced to 5-20 years. After exhausting state remedies, he filed a 28 U.S.C. § 2254 habeas petition in federal district court, which granted the petition on ineffective assistance of counsel grounds and vacated the conviction. The State appealed, but while the appeal was pending, the State negotiated a new plea agreement with Brown, resulting in a misdemeanor conviction and a sentence of time served. The State now appeals the district court's order, but the Ninth Circuit dismissed the appeal as moot.