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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. You can put your photos anywhere you like... When someone steals it they know it doesn't belong to them. And, a man getting a divorce is automatically not a nice guy...? That's ridiculous. Since when is need of money a conflict of interest? That would mean that no one should have a job unless they are already financially solvent without a job... A photographer is also under no obligation to use a watermark (again, people know when a photo doesn't belong to them) or provide contact information. Hey, he didn't make it easy for me to pay him so I'll just take it! Well heck, might as well walk out of the grocery store with a cart full of food because the lines are too long and you don't find that convenient. "Only in Indiana." Oh, now you're passing judgement on an entire state... What state do you live in? I need to characterize everyone in your state as ignorant and opinionated. And the final bit of ignorance; assuming a photo anyone would want is lucky and then how much does your camera have to cost to make it a good photo, in your obviously relevant opinion?

  2. Seventh Circuit Court Judge Diane Wood has stated in “The Rule of Law in Times of Stress” (2003), “that neither laws nor the procedures used to create or implement them should be secret; and . . . the laws must not be arbitrary.” According to the American Bar Association, Wood’s quote drives home this point: The rule of law also requires that people can expect predictable results from the legal system; this is what Judge Wood implies when she says that “the laws must not be arbitrary.” Predictable results mean that people who act in the same way can expect the law to treat them in the same way. If similar actions do not produce similar legal outcomes, people cannot use the law to guide their actions, and a “rule of law” does not exist.

  3. Linda, I sure hope you are not seeking a law license, for such eighteenth century sentiments could result in your denial in some jurisdictions minting attorneys for our tolerant and inclusive profession.

  4. Mazel Tov to the newlyweds. And to those bakers, photographers, printers, clerks, judges and others who will lose careers and social standing for not saluting the New World (Dis)Order, we can all direct our Two Minutes of Hate as Big Brother asks of us. Progress! Onward!

  5. My daughter was taken from my home at the end of June/2014. I said I would sign the safety plan but my husband would not. My husband said he would leave the house so my daughter could stay with me but the case worker said no her mind is made up she is taking my daughter. My daughter went to a friends and then the friend filed a restraining order which she was told by dcs if she did not then they would take my daughter away from her. The restraining order was not in effect until we were to go to court. Eventually it was dropped but for 2 months DCS refused to allow me to have any contact and was using the restraining order as the reason but it was not in effect. This was Dcs violating my rights. Please help me I don't have the money for an attorney. Can anyone take this case Pro Bono?

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