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7th Circuit expands inquiry to implicit motion for new attorney

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The 7th Circuit Court of Appeals expanded caselaw today when ruling on a defendant’s request for new counsel.

The Circuit judges – which included retired United States Supreme Court Justice Sandra Day O’Connor sitting by designation – found the reasoning United States v. Zillges, 978 F.2d 369, 371 (7th Cir. 1992), applies whether a complaint is phrased in terms of an express motion for a new attorney or whether a defendant only makes an implicit motion.

Zillges holds that the court has a duty to inquire into the basis for the client’s objection to counsel and should withhold a ruling until reasons are made known. When an accused raises for the first time a complaint about his attorney, the court must rule on the matter.

During the second day of his trial for illegal possession of a firearm by a felon and various drug-distribution offenses, Adam Williams spoke to the judge outside of the presence of the jury about how he hadn’t see one of the video recordings played until it was shown by the prosecution, even though he requested to review all video prior to trial. He said he felt his attorney failed him.  U.S. District Judge James Moody told him it was “too late,” that the case would go forward, and that he didn’t really care what Williams thought.

Even the government admitted the court should have inquired further into William’s concerns instead of abruptly silencing him.

Because it was the first time the 7th Circuit addressed when a District Court didn’t inquire into a defendant’s concerns about his attorney, the judges established that the District Court’s abuse of discretion will only result in a new trial if Williams can show prejudice. Williams was unable to satisfy his burden under either prong of the test outlined in Strickland v. Washington, 466 U.S. 668 (1984), ruled the court in United States of America v. Adam Williams, No. 09-3174.

The appellate court also delved into the recent rulings of District of Columbia v. Heller, 128 S. Ct. 2783 (2008), and United States v. Skoien, 587 F.3d 803 (7th Cir. 2009). Williams argued that the felon-in-possession statute, 18 U.S.C. Section 922(g)(1), is unconstitutional as applied to him. The Circuit judges examined his claim using the intermediate scrutiny framework without determining that it would be the precise test applicable to all challenges to gun restrictions.

The government satisfied its burden that its objective to keep guns out of the hands of violent offenders is an important one and it is advanced by means substantially related to that objection.

“And although we recognize that § 922(g)(1) may be subject to an overbreadth challenge at some point because of its disqualification of all felons, including those who are non-violent, that is not the case for Williams,” who as a violent offender isn’t the ideal candidate to challenge the constitutionality of Section 922(g)(1), wrote Judge Michael Kanne. Because he was convicted of a violent felony, his claim that the law unconstitutionally infringes on his right to possess a firearm is without merit.

 

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  1. Ah yes... Echoes of 1963 as a ghostly George Wallace makes his stand at the Schoolhouse door. We now know about the stand of personal belief over service to all constituents at the Carter County Clerk door. The results are the same, bigotry unable to follow the directions of the courts and the courts win. Interesting to watch the personal belief take a back seat rather than resign from a perception of local power to make the statement.

  2. An oath of office, does it override the conscience? That is the defense of overall soldier who violates higher laws, isnt it? "I was just following orders" and "I swore an oath of loyalty to der Fuhrer" etc. So this is an interesting case of swearing a false oath and then knowing that it was wrong and doing the right thing. Maybe they should chop her head off too like the "king's good servant-- but God's first" like St Thomas More. ...... We wont hold our breath waiting for the aclu or other "civil liberterians" to come to her defense since they are all arrayed on the gay side, to a man or should I say to a man and womyn?

  3. Perhaps we should also convene a panel of independent anthropological experts to study the issues surrounding this little-known branch of human sacrifice?

  4. I'm going to court the beginning of Oct. 2015 to establish visitation and request my daughters visits while she is in jail. I raised my grandchild for the first two and half years. She was born out of wedlock and the father and his adopted mother wantwd her aborted, they went as far as sueing my daughter for abortion money back 5mo. After my grandchild was born. Now because of depression and drug abuse my daughter lost custody 2 and a half years ago. Everyting went wrong in court when i went for custody my lawyer was thrown out and a replacment could only stay 45 min. The judge would not allow a postponement. So the father won. Now he is aleinating me and my daughter. No matter the amount of time spent getting help for my daughter and her doing better he runs her in the ground to the point of suicide because he wants her to be in a relationship with him. It is a sick game of using my grandchild as a pawn to make my daughter suffer for not wanting to be with him. I became the intervener in the case when my daughter first got into trouble. Because of this they gave me her visitation. Im hoping to get it again there is questions of abuse on his part and I want to make sure my grandchild is doing alright. I really dont understand how the parents have rights to walk in and do whatever they want when the refuse to stand up and raise the child at first . Why should it take two and a half years to decide you want to raise your child.The father used me so he could finish college get a job and stop paying support by getting custody. Support he was paying my daughter that I never saw.

  5. Pence said when he ordered the investigation that Indiana residents should be troubled by the allegations after the video went viral. Planned Parenthood has asked the government s top health scientists at the National Institutes of Health to convene a panel of independent experts to study the issues surrounding the little-known branch of medicine.

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