ILNews

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. A traditional parade of attorneys? Really Evansville? Y'all need to get out more. When is the traditional parade of notaries? Nurses? Sanitation workers? Pole dancers? I gotta wonder, do throngs of admiring citizens gather to laud these marching servants of the constitution? "Show us your billing records!!!" Hoping some video gets posted. Ours is not a narcissistic profession by any chance, is it? Nah .....

  2. My previous comment not an aside at court. I agree with smith. Good call. Just thought posting here a bit on the if it bleeds it leads side. Most attorneys need to think of last lines of story above.

  3. Hello everyone I'm Gina and I'm here for the exact same thing you are. I have the wonderful joy of waking up every morning to my heart being pulled out and sheer terror of what DCS is going to Throw at me and my family today.Let me start from the !bebeginning.My daughter lost all rights to her 3beautiful children due to Severe mental issues she no longer lives in our state and has cut all ties.DCS led her to belive that once she done signed over her right the babies would be with their family. We have faught screamed begged and anything else we could possibly due I hired a lawyer five grand down the drain.You know all I want is my babies home.I've done everything they have even asked me to do.Now their saying I can't see my grandchildren cause I'M on a prescription for paipain.I have a very rare blood disease it causes cellulitis a form of blood poisoning to stay dormant in my tissues and nervous system it also causes a ,blood clotting disorder.even with the two blood thinners I'm on I still Continue to develop them them also.DCS knows about my illness and still they refuse to let me see my grandchildren. I Love and miss them so much Please can anyone help Us my grandchildren and I they should be worrying about what toy there going to play with but instead there worrying about if there ever coming home again.THANK YOU DCS FOR ALL YOU'VE DONE. ( And if anyone at all has any ideals or knows who can help. Please contact (765)960~5096.only serious callers

  4. He must be a Rethuglican, for if from the other side of the aisle such acts would be merely personal and thus not something that attaches to his professional life. AND ... gotta love this ... oh, and on top of talking dirty on the phone, he also, as an aside, guess we should mention, might be important, not sure, but .... "In addition to these allegations, Keaton was accused of failing to file an appeal after he collected advance payment from a client seeking to challenge a ruling that the client repay benefits because of unreported income." rimshot

  5. I am not a fan of some of the 8.4 discipline we have seen for private conduct-- but this was so egregious and abusive and had so many points of bad conduct relates to the law and the lawyer's status as a lawyer that it is clearly a proper and just disbarment. A truly despicable account of bad acts showing unfit character to practice law. I applaud the outcome.

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