United States v. Boynes
Full Opinion (html_with_citations)
Affirmed by published opinion. Judge WILSON wrote the majority opinion, in which Judge KING joined. Judge GREGORY wrote a dissenting opinion.
OPINION
The United States charged Darryl Boynes, Jr., in a three-count indictment with conspiracy to distribute crack cocaine in violation of 21 U.S.C. § 846, distribution of crack cocaine in violation of 21 U.S.C. § 841, and use of a firearm to commit murder in furtherance of a drug trafficking crime in violation of 18 U.S.C. §§ 924(c) and 924(j), a capital offense. The case was tried by the court following a written motion to waive trial by jury, and the court found Boynes guilty on all three counts. Months later Boynes claimed that his counsel, not he, had waived trial by jury. Following a hearing, the court found that Boynes, in fact, had knowingly and voluntarily waived his right to trial by jury and sentenced Boynes to life plus 480 months. Boynes raises the correctness of the district courtâs finding that he knowingly and voluntarily waived his right to trial by jury as the single issue in this appeal. We affirm.
I
This case stems from a crack cocaine deal that degenerated into a murder. On October 16, 2003, Boynes shot and killed William âBikemanâ Jenkins on a Richmond street after Jenkinsâ apparent attempt to steal a small amount of cocaine from Boynes. Police arrested Boynes on May 10, 2005 on a criminal complaint alleging drug distribution and use of a firearm in the commission of a drug crime.
Boynes requested counsel, and the court appointed Peter Eliades. Eliades represented Boynes at Boynesâ preliminary and detention hearing. Within a month of that hearing, Boynes wrote a letter to the court asking for new counsel, citing his âadversarialâ relationship with Eliades. The court relieved Eliades and appointed Jeffrey L. Everhart as Boynesâ new counsel. Everhart negotiated a plea agreement that would have included a 35-year prison sentence but would have avoided the death penalty. Boynes backed out of the plea agreement on July 21, 2005, the day of the plea hearing. Six days later Boynes appeared in court again to plead guilty, having signed a plea agreement. Although Boynes said in open court that he was satisfied with his counsel, he denied guilt, and the district court consequently did not accept the guilty plea.
.In August 2005, Boynes wrote a letter, nearly identical to the one complaining about Eliades, complaining that Boynes and Everhart had become âadversarial.â Boynes filed other pro se motions, some
At trial, Boynes testified at length, as did police and eyewitnesses to the murder. The district court found Boynesâ testimony incredible and convicted him. Almost three months later, Everhart filed a motion to withdraw, citing the fact that Boynes had filed a complaint with the Virginia State Bar. The court appointed Mark Tyndall as Boynesâ third counsel. On July 26, 2006, Tyndall filed a pleading entitled âDefendantâs Position in Regards to Waiver of Jury Trial and Motion for New Trial,â which was the first mention to the district court of any jury waiver issue. The district court held a hearing where Everhart testified at length regarding Boynesâ insistence on waiving his jury trial right. The court received in evidence letters and other documents that Everhart sent to Boynes after Boynes requested the waiver. Everhartâs letters and the copy of the courtâs order granting the waiver all explicitly mention the waiver, according to the transcript of the hearing. Boynes did not testify. The district court found Boynesâ waiver to be knowing, intelligent, and voluntary and denied the motion for a new trial. The court sentenced Boynes to life imprisonment plus 480 months. Boynes then brought this appeal.
II
Boynes contends that he did not knowingly, intelligently, and voluntarily waive his right to a jury trial. Cobbling together several strains of argument, Boynes contends that without a âformal court inquiryâ he could not have knowingly, intelligently, and voluntarily waived his right to a jury trial during the time that his relationship with his attorney was âcharacterized by adversarial contentious interactions.â Although we reiterate our view that it is much preferable for a district court to insure itself on the record before accepting the defendantâs jury waiver, it is not a constitutional imperative. The constitutional imperative is this, no less and no more: the waiver must be knowing, intelligent, and voluntary. The district courtâs findings of historical fact are reviewed for clear error, though the ultimate question of waiver is reviewed de novo. United States v. Khan, 461 F.3d 477, 491 (4th Cir.2006) (citing United States v. Robertson, 45 F.3d 1423, 1430 (10th Cir.1995), which more fully articulates the standard of review). Accordingly, because we find no clear error in the district courtâs factual findings and we agree with the district court as to constitutional sufficiency of the waiver on those facts, we affirm.
Rule 23(a) of the Federal Rules of Criminal Procedure provides that â[i]f the defendant is entitled to a jury trial, the trial must be by jury unless: (1) the defendant waives a jury trial in writing; (2) the government consents; and (3) the court approves.â The Sixth Amendment requires that the waiver be knowing, voluntary, and intelligent. Patton v. United
Recently, this court reached a similar result. In United States v. Khan, 461 F.3d 477, 491 (4th Cir.2006), defendants argued that their âjury trial waiver was invalid because the district court did not obtain a written waiver or otherwise conduct a colloquy on the record and determine that their waiver was knowing, voluntary and intelligent.â In making that argument defendants primarily relied on United States v. Robertson, 45 F.3d 1423 (10th Cir.1995), and the suggestion of other circuits that a âwaiver presented by counsel is inadequate, absent some other showing to satisfy an appellate court that it was actually knowing, voluntary and intelligent.â Khan, 461 F.3d at 491-492. This court rejected the argument noting that âin this circuit ... we have not imposed such a requirementâ but instead have held that âwhile it would be âbetter practiceâ for a district judge to interrogate a defendant who claims through counsel that he wants to waive his jury trial right, nothing in the applicable case law, Rule 23(a) itself, or the Constitution requires it.â Id. at 492.
Everhart testified at the post-trial hearing that Boynes insisted that he waive trial by jury. Boynes believed he would have a better chance because the court would better understand the self-interested motives the cooperating witnesses would have in testifying against him. He believed that the district court judge âbased on his experience, knowing how the system works, would be less inclined to believe the testimony of those individuals.... â J.A. 442. After discussing the ramifications with Boynes, Everhart discussed the matter with the government, the government agreed to waive, Everhart filed the requisite written motion, the United States formally consented, the court entered a written order granting the motion, and Everhart sent Boynes a copy of that order. Not once did Boynes indicate surprise or protest that he was being tried by the court, and he neither testified nor offered one shred of evidence contradicting Everhart concerning the waiver, although he certainly could have testified if he wanted. Having a full understanding of the record, the district court found that Boynes had knowingly and voluntarily waived his right to trial by jury. Neither the Constitution nor this circuitâs precedent suggest that the district courtâs actions were deficient.
Boynes suggests that he âcould not haveâ knowingly, intelligently and voluntarily waived his right to a jury trial during the time that his relationship with his attorney was âcharacterized by adversarial contentious interactions.â
Ill
For the reasons stated, the judgment of the district court is affirmed.
AFFIRMED
. Boynes argued in the district court that he was entitled to trial by jury, that the "waiver of such a fundamental right must be a knowing and intelligent waiver,â and that the record contained "no written or oral waiver of a jury by the defendant himself.â J.A. 428-29. Boynes argued that he did not waive. Boynes never argued that he "could not haveâ waived during the time that his relationship with his attorney was "characterized by adversarial contentious interactions.â Neither Boynesâ motion nor his argument in the district court
. See, e.g., Wyatt v. United States, 591 F.2d 260, 265 n. 5 (4th Cir.1979) (noting that interrogations by district judges approving jury waivers in advance of trial might well develop facts that are critically important to the waiver).