Criminal Justice Clinic Students Win Freedom for Client Due to Ineffective Counsel Katie Heller ‘24L and Nina Gagnon ‘24L gained valuable practice experience before beginning careers as public defenders.

By Law Communications
March 4, 2025

A case involving students in the Criminal Justice Clinic concluded recently with the freeing of a client. The students, along with partners from other legal aid agencies, won the case after successfully bringing an ineffective counsel claim on the client’s behalf.

The case centered on an unaccompanied minor who came to the U.S. from El Salvador. Fearing for his life under threats from the notorious gang MS-13, the client was granted asylum. Shortly after, he was charged with several crimes, to which he pleaded guilty on advice of his court-appointed attorney. Unbeknownst to the client, pleading guilty would put his hard-won asylum at risk. After serving three years for the offenses, he was then detained by ICE, living in a sort of legal limbo with the potential for deportation—and certain death—looming over him.

Professor Jonathan Shapiro, who has helped direct the CJC for a number of years, took on the case in 2023 from the immigration lawyers who had secured the original asylum victory. The clinic filed a Writ of Habeas Corpus on the grounds that the defense counsel had not advised the client on the immigration consequences of pleading guilty.

“It was clear from speaking with the client that if he had been properly advised, he never would have pled guilty,” said Shapiro.

Over the course of the 2023-24 academic year, clinic students Katie Heller ‘24L and Nina Gagnon ‘24L were involved in two, day-long evidentiary hearings as well as working on post-trial briefs. During the hearings, Heller questioned witnesses that cast doubt on the original charges against the client. Gagnon took charge of the direct examination of the immigration expert, who explained the significant impacts caused by the failure of the court appointed attorney to advise the client on the guilty plea.

“The students did fabulous work on the case,” said Shapiro.

In November 2024, the judge in the case issues a withering 78-page opinion in favor of the client, detailing the many ways the defense counsel had failed to represent him. The Office of the Attorney General has said they will not appeal the decision, and local prosecutors will not retry the criminal case. The original immigration attorneys are now seeking to get his asylee status reinstated.

This was a unique opportunity for Heller and Gagnon, whose regular cases in the CJC involved shorter term, direct representation for misdemeanor offenses. Both were slated to work as public defenders in Virginia following graduation, and participating on the case provided them with an invaluable experience.

“It was a great preview to see what a day in the life of a practicing lawyer really looks like,” said Heller. “This experience reaffirmed that public defense is where I want to be.”

Heller and Gagnon also appreciated the impact of having a strong legal team advocating for their client, whose original asylum team participated in the hearings. The team also included Professor Shapiro, his daughter (who is also an attorney), and former Immigrant Rights Clinic director Matt Boaz, who served as the expert witness on the immigration consequences of the guilty plea. Professor Tim MacDonnell, director of the Black Lung Clinic, helped with cross examination, role playing as an attorney for the state.

“There is this power that comes from being able to walk into a courtroom with a whole team with you,” said Gagnon. “If you’re going in with a full team of experts ready to fight, there’s something really empowering about that for the client.”