JACOB JOHN DOUGAN, JR., PETITIONER,
v.
LOUIE L. WAINWRIGHT, SECRETARY, DEPARTMENT OF CORRECTIONS, STATE OF FLORIDA, RESPONDENT
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Jacob John Dougan petitioned for habeas corpus relief from his death sentence conviction, claiming his appellate counsel provided ineffective assistance due to conflict of interest and failure to raise meritorious claims. The Florida Supreme Court granted the petition and ordered a new appeal, finding that appellate counsel's representation suffered from the same deficiencies identified in a related case and involved an unwaived conflict of interest.
The Court held that Dougan's appellate counsel failed to provide effective assistance of counsel due to both a conflict of interest in representing multiple co-defendants and deficient representation that did not meet the standard required by law. The Court found no merit to Dougan's claim regarding extra-record material consideration.
[1] A defendant is entitled to effective assistance of appellate counsel.
[2] A conflict of interest exists when an attorney represents multiple defendants in related cases and there is no evidence of informed waiver by the defendants.
Previewing 2 of 6 headnotes on this case. FLexlaw’s editorially structured points of law — every proposition, pinpointed — are reserved for members.
Join FLexlaw to unlock all legal intelligence“Jackson's representation of Dougan suffered from the same major defects as did his representation of Barclay and simply cannot be found to have met the standard of Knight v. State, 394 So.2d 997 (Fla.1981).”
Establishes the Court's finding of ineffective appellate assistance based on comparison with co-defendant's representation
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Join FLexlaw to unlock all legal intelligenceDougan was convicted of first-degree murder and sentenced to death. His trial attorney, Ernest Jackson, also represented two of Dougan's co-defendants…
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PER CURIAM.
Dougan has petitioned this Court for a writ of habeas corpus, seeking relief from the affirmance of his conviction of first-degree murder and sentence of death. We have jurisdiction pursuant to article V, subsections 3(b)(7) and (9), Florida Constitution, and grant a new appeal.
We affirmed Dougan’s conviction and sentence in Barclay v. State, 343 So. 2d 1266 (Fla.1977), cert. denied, 439 U.S. 892, 99 S.Ct. 249, 58 L.Ed.2d 237 (1978), but subsequently remanded for resentencing because of Gardner v. Florida, 430 U.S. 349, 97 S.Ct. 1197, 51 L.Ed.2d 393 (1977). Barclay v. State, 362 So. 2d 657 (Fla.1978). On remand the trial court again sentenced Dougan to death, and we again affirmed. Dougan v. State, 398 So. 2d 439 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 367, 70 L.Ed.2d 193 (1981). Dougan then filed this petition asking that we either grant him a new appeal or vacate his death sentence.
Dougan makes two claims in support of his request: 1) his appellate counsel failed to provide effective assistance due both to a conflict of interest and to the failure to raise meritorious legal claims; and 2) this Court’s consideration of extra-record material violated Dougan’s rights under the fifth, sixth, eighth, and fourteenth amendments to the federal constitution. There is no merit to the second point. Ford v. Strickland, 696 F. 2d 804 (11th Cir.), cert. denied, — U.S. -, 104 S.Ct. 201, 78 L.Ed.2d 176 (1983); Brown v. Wainwright, 392 So. 2d 1327 (Fla.), cert. denied, 454 U.S. 1000, 102 S.Ct. 542, 70 L.Ed.2d 407 (1981). We find, however, that the first point has merit.
Dougan’s trial attorney, Ernest Jackson, represented Dougan on appeal. Besides Dougan, however, Jackson also handled the appeals for two of Dougan’s co-defendants. Jackson filed a combined appeal for Doug-an and Elwood Barclay before this Court, and we recently held that Barclay received ineffective assistance of appellate counsel. Barclay v. State, 444 So. 2d 956 (Fla.1984).
It would be difficult, if not impossible to reach a different conclusion regarding Jackson’s appellate representation of Dougan. Dougan appears to have been Jackson’s primary client on appeal. His efforts on Dougan’s behalf, however, were only slightly better than his efforts on Barclay’s behalf, which we found to be so deficient that, in effect, Barclay had no appellate representation. Id., slip op. at 4-5. Jackson’s representation of Dougan suffered from the same major defects as did his representation of Barclay and simply cannot be found to have met the standard of Knight v. State, 394 So. 2d 997 (Fla.1981).
In Barclay we also found that Jackson had a conflict of interest in representing both Barclay and Dougan. Slip op. at 3. The facts supporting that conclusion are only slightly less compelling here. The state argues both that no conflict existed and that Dougan waived any conflict. As with Barclay, however, there is no evidence that Dougan knew of a possible conflict, knew the possible effect of a conflict, or effectively waived any conflict. Therefore, we also find a conflict of interest in Jackson’s appellate representation.
The petition for habeas corpus is granted in order to allow Dougan a-new appeal.
It is so ordered.
ALDERMAN, C.J., and BOYD, OVER-TON, McDonald and EHRLICH, JJ., concur. ADKINS, J., dissents.
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Dougan v. State, 470 So. 2d 697 (Fla. 1985)…at Dougan’s appellate attorney had rendered ineffective assistance of counsel and that he had a conflict of interest in representing both Dougan and a co-defendant on appeal and that, therefore, Dougan should have a new appeal. Dougan v. Wainwright, 448 So. 2d 1005 (Fla.1984). Dougan now appeals his conviction and sentence of death, giving us jurisdiction pursuant to article V, section 3(b)(1) of the state constitution. We affirm his conviction, but remand for a new sentencing hearing. Dougan alleges five err…
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Dougan v. State, 595 So. 2d 1 (Fla. 1992)…(Fla.1977), cert. denied, 439 U.S. 892, 99 S.Ct. 249, 58 L.Ed.2d 237 (1978); Barclay v. State, 362 So. 2d 657 (Fla.1978); Dougan v. State, 398 So. 2d 439 (Fla.), cert. denied, 454 U.S. 882, 102 S.Ct. 367, 70 L.Ed.2d 193 (1981); Dougan v. Wainwright, 448 So. 2d 1005 (Fla.1984); Dougan v. State, 470 So. 2d 697 (Fla.1985), cert. denied, 475 U.S. 1098, 106 S.Ct. 1499, 89 L.Ed.2d 900 (1986). . Several issues have been decided adversely to Dougan’s contentions: 1) adequacy of instructions on aggravating factors, e.…
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State v. Dougan, 202 So. 3d 363 (Fla. 2016)…he appeal, he filed a petition for writ of habeas corpus, alleging that his appellate counsel, Ernest Jackson, who had also represented Barclay and Crittendon in their appeals, failed to provide effective assistance of counsel. Dougan v. Wainwright, 448 So. 2d 1005 (Fla.1984) (“Dougan IV”). This Court held that Dougan’s appellate counsel, Jackson, who had also been Dougan’s trial counsel, failed to provide effective assistance due to a conflict of interest in representing the other codefendants, and also faile…
Previewing 3 of 4 citing cases — full citator treatment, depth of discussion, and citing context are member features.
Join FLexlaw to unlock all legal intelligenceAuthorities Cited (13 total)
- Gardner v. Florida, 430 U.S. 349 (U.S. 1977)
- Knight v. State, 394 So. 2d 997 (Fla. 1981)
- Johnson v. Florida, 454 U.S. 882 (U.S. 1981)
- Ford v. Strickland, 696 F.2d 804 (11th Cir. 1983)
- Brown v. Wainwright, 454 U.S. 1000 (U.S. 1981)
- Brown v. Louie L. Wainwright, 392 So. 2d 1327 (Fla. 1981)
- State v. Daley, 392 So. 2d 1327 (Fla. 1981)
- Elwood Clark Barclay and Jacob John Dougan, Jr. v. State, 343 So. 2d 1266 (Fla. 1977)
- Elwood C. Barclay v. Louie L, 444 So. 2d 956 (Fla. 1984)
- Ramsey v. New York, 439 U.S. 892 (U.S. 1978)