State of North Carolina vs. Juan Manuel Calvo-Hernandez (COA25-259), is a case out of Wake County in which the only issue raised on appeal was ineffective assistance of counsel (IAC). After conducting its review, the North Carolina Court of Appeals determined that the record did not support IAC.
In March of 2021, Mr. Calvo-Hernandez was indicted by a Wake County grand jury on one count of first-degree murder, and three counts of assault with a deadly weapon with intent to kill inflicting serious injury (AWDWIKISI). The case was tried in March of 2024, and Mr. Calvo-Hernandez was found guilty on all charges. The trial court imposed a sentence of life in prison on the first-degree murder conviction and consecutive sentences for the AWDWIKISI charges. He gave notice of appeal and the only issue raised was IAC.
The facts of the case showed that Mr. Calvo-Hernandez was inside a bar when a group of men entered. One is the men noticed that Mr. Calvo-Hernandez was staring in his direction. The man later exited the bar but then returned to the front entrance where he saw Mr. Calvo-Hernandez and a bouncer. Soon afterward, the man shot Mr. Calvo-Hernandez, and sped off in a vehicle with another man. Mr. Calvo-Hernandez then fired several shots at the vehicle as it sped away. After he finished shooting, Mr. Calvo-Hernandez then leaned into a vehicle occupied by two other men and opened fire. There were two other men standing near the vehicle. Mr. Calvo-Hernandez’s shots struck four men, killing one of them.
At trial, the bouncer testified and identified Mr. Calvo-Hernandez who walked with a limp. The bouncer also testified about Mr. Calvo-Hernandez’s vehicle that was seen in surveillance video. A corporal with the Cary Police Department also identified Mr. Calvo-Hernandez as walking with a limp from surveillance video and identified his vehicle from photographs. The State also introduced into evidence a sales receipt for Mr. Calvo-Hernandez’s vehicle.
In order to raise doubt as to Mr. Calvo-Hernandez’s ability to physically move like the shooter who could be seen in the surveillance video, his defense attorney introduced into evidence an eleven-page certified settlement agreement from the North Carolina Industrial Commission. According to this settlement agreement, Mr. Calvo-Hernandez suffered from, “a transverse proximally displaced fracture of the right femoral diaphysis and a right humeral fracture” that created a “significant amount of permanent partial impairment of his right lower extremity and back.”
On appeal, the appellate court conducted a de novo review of Mr. Calvo-Hernandez’s IAC claim. In reviewing an IAC claim, the appellate Court begins with the presumption that the defense counsel’s representation was “…within the boundaries of acceptable professional conduct.” In order to demonstrate IAC, two factors must be shown: 1. counsel’s performance must be shown to have been deficient; 2. the deficient performance must have resulted in prejudice.
Here, the appellate Court found that Mr. Calvo-Hernandez did not meet his burden in showing IAC. The Court determined that the evidence against Mr. Calvo-Hernandez was overwhelming. Furthermore, even if defense counsel had not relied on the settlement agreement, Mr. Calvo-Hernandez was not able to show that there was a reasonable probability of a different result.
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