Beets v. Collins

986 F.2d 1478 (5th Cir. 1993)

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Nature of the Case

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Facts

P's fifth husband, Jimmy Don, disappeared on August 6, 1983. His fishing boat was found adrift suggesting that he had drowned. A year later, a trailer home that was Jimmy Don's separate property before his death was destroyed by fire. The insurer refused P's claim for the loss. P sought the counsel of Andrews, an attorney who had represented P since 1981 or '82. It was decided that Andrews would pursue any insurance or pension benefits to which P might be entitled. P entered into a contingency fee arrangement. Andrews determined that certain benefits existed and so informed P. Andrews sought the assistance of two attorneys more experienced in collecting such benefits. Andrews then arranged a meeting in his office with P and Randell Roberts, one of the other attorneys. Roberts agreed to associate his firm in the matter. Roberts's brother, attorney Bruce Roberts, eventually took over responsibility for P's claims. Jimmy Don's former employer, the City of Dallas Fire Department, agreed to provide benefits to P. Before she received the first check, P was arrested on June 8, 1985, and was charged with the capital murder of Jimmy Don. P was charged with shooting and killing her husband and, burying him under a planter in her front yard. P allegedly disposed of her fourth husband, Doyle Wayne Barker, in a similar fashion. Barker's body was found buried in the back yard underneath a patio upon which a storage shed had been erected. P had also shot another former husband, Bill Lane, although he survived. Andrews agreed to extend his representation to the capital murder charge. On October 8, just after P's trial commenced, she signed a contract transferring all literary and media rights in her case to Andrews's son, E. Ray Andrews, Jr. The trial judge became of the contract three months after conviction. At that time, the judge did not inquire whether P was willing to waive her Sixth Amendment right to conflict-free counsel. During trial, Andrews called witnesses to P’s after death interest in policies and remuneration but they all tangentially pointed to no predeath knowledge, which was crucial for conviction. In state habeas corpus proceedings, P raised her conflict-of-interest claim only as to the media rights contract--and without mentioning Andrews' status as a witness. All the state claims were denied. P's federal habeas petition alleged, that Andrews's failure to withdraw and offer direct testimony that P was ignorant of potential death benefits constituted an actual conflict of interest with his client. P alleged that the media rights contract gave rise to a separate conflict of interest. The district court held Andrews's failure to withdraw and testify resulted in an actual conflict of interest that adversely affected his representation. The court granted a writ of habeas corpus. The court also found that the media rights contract did not adversely affect Andrews's performance. This appeal resulted.