Court Rejects New Counsel Request – Sentences Greene to Prison

James Lewis Greene, Jr. appeared for sentencing in the Tenth Judicial District Court on October 22 before Judge Thomas Stockard. Greene pled guilty in June to charges of Category D Felony of Battery that Constitutes Domestic Violence, a Third or Subsequent Offense.  

Greene addressed the court, telling Judge Stockard that he felt his attorney, Charles Woodman, Esq., was not adequately representing him and that Woodman pushed into the plea deal before even having the chance to figure everything out and that he had realized he could not trust that his attorney has his best interests. 

Judge Stockard closed the courtroom for a Young Hearing, based on the Young v. United States ruling, to determine if a conflict of interest exists when a defendant's lawyer might also be involved with other defendants or parties in a related case. A Young Hearing allows a judge to ensure the lawyer focuses on the client they are defending in that case, without being pulled in different directions due to other cases or clients protecting the defendant's right to a fair trial with fully committed legal representation.  

Upon reconvening, Judge Stockard issued a ruling, stating, "… Mr. Greene's request today for substitution of counsel, or for his own counsel, are for purposes of delay." Stockard explained he ruled based on the record, which shows that Greene entered a guilty plea in June, which was found to be freely, voluntarily, and intelligently entered, and counsel gave a factual basis to support the plea. 

On August 27, Greene appeared for sentencing but asked for a continuance based on new evidence. The victims were present in the courtroom, but sentencing was postponed, allowing the state to interview two additional witnesses – interviews that concluded that the battery did occur. 

Judge Stockard further determined that Woodman, appointed to defend Greene, stayed in touch with him, had discussions, and prepared him for the hearings. When Greene made statements of new evidence, Woodman investigated thoroughly.  

Stockard reported that the Young Inquiry found that Woodman's alleged conflict was minimal, remarking, "We are deep into this case, we're at our third sentencing hearing…the court is going to deny the substitution of counsel. There is not significant prejudice to you … This is as untimely of a request as I've ever seen… and is done solely for the purposes of delaying… So now we'll go forward with the sentencing."   

Woodman argued for a minimum sentence for Greene, stating, "I think the most salient part of the Pre-Sentencing Investigative report for the court to be aware of is… where it says my client was raised by his mother and older sister. His father was incarcerated most of his childhood; his mother was an alcoholic, and until she became sober, his older sister raised him." Woodman explained that his client is an example of the classic breakdown of the family institution and expressed concern about his client's ability to make sense of the world around him the way the "average person does," because, as it's spelled out in the PSI of the way he was raised.  

"You have to look at my client for who and what he is. When he's raised by his older sister, how much of a grounds gain was he given to live a productive adult lifetime…" Woodman continued. "This is, unfortunately, a young man who's just not equipped to go out and lead a normal life… It's a question of how much of his life that isn't good can we hold him responsible for." Woodman said he believed the standard court minimum sentence of a year would be appropriate.  

Greene told the court, "I just would like to get my life in order. I think, honestly if I can make it to Oregon and get working, I can fix what I have mistaken. Start fresh." The victim was present but chose not to make a statement. Her mother told the court that her daughter is more scared, jumpy, and less trusting than before this incident occurred. 

Judge Stockard sentenced Greene to 24-60 months in a Nevada State Prison, imposed a fine of $1,000, and remanded him to the custody of the Churchill County Sheriff for imposition of the sentence.