Sixth Amendment – Right to Choose a Lawyer | Wisconsin Law Journal

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7^and Court of Appeal

Case Name: United States of America v. Robert Elliott

Case number: 23-1148

Directors: Easterbrook, Ripple and Jackson-Akiwumi, judges.

Focus: Sixth Amendment – Right to Choose a Lawyer

Elliott faced multiple federal charges, including weapons possession, sexual exploitation of a minor, and conspiracy to murder the minor and her mother. He hired attorney Brandon Sample to defend him. More than a year into the case, Sample discovered a controlled substance hidden in documents intended for Elliott and attempted to withdraw from representing him. The court, however, denied Sample’s request, upholding Elliott’s right to choose his own attorney. Elliott ultimately reached a plea agreement and pleaded guilty to five charges.

After Sample’s motion to recuse himself was denied, he continued to represent Elliott. Elliott later filed a second motion to determine his mental competency, which the court granted, finding him competent to stand trial. Elliott ultimately pleaded guilty to two counts of murder for hire, two counts of witness tampering, and one count of being a felon in possession of a firearm and ammunition. He was sentenced to 520 months in prison.

On appeal, Elliott argued that Sample had a conflict of interest and that the district court violated his Sixth Amendment rights by failing to inform him of the conflict, rendering his guilty plea involuntary. The 7th Circuit ruled that Elliott’s Sixth Amendment claim was not barred by the waiver of appeal in his plea agreement. However, the court concluded that even if Sample had a conflict of interest, Elliott failed to prove that it adversely affected his case, and affirmed the district court’s judgment.

Confirmed.

Decided 08/05/24

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