Remembering Deborah Rhode: Co-Author, Friend, and Feminist Co-Conspirator

JOANNA L. GROSSMAN, KATHARINE BARTLETT, DEBORAH L. BRAKE

SMU Dedman School of Law professor Joanna L. Grossman, Duke Law professor Katharine T. Bartlett, and Pitt Law professor Deborah L. Brake reflect on the life and achievements of Professor Deborah Rhode, who recently passed away. Professors Grossman, Bartlett, and Brake describe Professor Rhode’s countless contributions to the legal academy and to the fight for gender equity.

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Armfield v. Nicklaus

Docket: 18-3702

Opinion Date: January 11, 2021

Judge: Daniel Anthony Manion

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

On August 17, 2004, Randall opened fire on Copeland’s vehicle while Copeland drove by. Copeland’s car was struck by gunfire. No one was injured. Armfield and Nelson were present. Later that evening, Randall spotted Copeland again. Armfield and Nelson armed themselves. They tracked down Copeland. As Copeland approached an intersection, Randall gave the signal. Armfield and Nelson sprang from their car and fired into Copeland's vehicle, killing him. The state charged the three with first-degree murder. Two separate trials occurred simultaneously before the same judge, with the juries and defendants shuffling in and out depending on the evidence presented. During deliberations, the Armfield/Randall jury requested a transcript of certain witnesses’ testimony. The court, by mistake, tendered a transcript containing the prosecutor’s opening statements from Nelson’s case. The Armfield/Randall jury had not heard this version, in which the prosecutor referenced a videotaped statement from Nelson that purported to implicate all three defendants in the murder. In Armfield's trial, the state leaned primarily on two witnesses. The jury convicted Armfield of first-degree murder. Illinois courts rejected Armfield’s appellate argument that disclosing the reference to Nelson’s confession deprived him of a fair trial and a collateral attack, arguing that his trial counsel provided ineffective assistance. The Seventh Circuit affirmed the denial of federal habeas relief. Armfield’s Confrontation Clause claim failed because the state’s strong case against him renders any constitutional error harmless. Armfield cannot show trial counsel’s shortcomings resulted in prejudice.

Higgs v. Watson

Docket: 20-2129

Opinion Date: January 11, 2021

Judge: Scudder

Areas of Law: Civil Rights, Constitutional Law, Criminal Law

In 1996, Higgs, Haynes, and Gloria picked up three women. They ultimately drove the women to the Patuxent National Wildlife Refuge, federal land. Haynes shot and killed the women with Higgs's gun. Higgs and Haynes were charged with three counts of each: first-degree premeditated murder, first-degree murder committed in the perpetration of kidnapping, kidnapping resulting in death, and using a firearm in the commission of a crime of violence. The court imposed concurrent life sentences on Haynes. Higgs’s jury returned a guilty verdict on all counts and recommended a death sentence for each murder and kidnapping count under the 1994 Federal Death Penalty Act. The court imposed nine death sentences, with 45 consecutive years for the 924(c) convictions. The Fourth Circuit affirmed. Higgs unsuccessfully pursued post-conviction relief. In 2016 Higgs unsuccessfully asked the Fourth Circuit for permission to file a new 28 U.S.C. 2255 motion, seeking to invalidate his section 924(c) convictions based on the Supreme Court’s 2019 “Davis” holding that 924(c)(3)(B), providing enhanced penalties for using a firearm during a “crime of violence,” is unconstitutionally vague. The Seventh Circuit affirmed the dismissal of a subsequent petition in the jurisdiction in which Higgs is incarcerated. Higgs cannot satisfy the 28 U.S.C. 2255(e) savings clause and therefore may not pursue habeas relief under section 2241. There is nothing structurally inadequate or ineffective about using section 2255 to bring a Davis-based claim.