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7th Circuit rejects ineffective trial assistance claim

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The 7th Circuit Court of Appeals has upheld the denial of a defendant’s motion to vacate his guilty plea, claiming ineffective assistance of trial counsel. The judges found the record foreclosed any claim that the man’s attorney was constitutionally ineffective or that the man didn’t otherwise knowingly and voluntarily plead guilty.

Police received a tip that Andrew Koons had a stolen vehicle. Police went to his home, where the stolen car was parked, but Koons wasn’t home. A neighbor told police that Koons had participated in a firearms transaction with him. Police then went to Koons’ workplace, where Koons voluntarily offered to go home with the officers and retrieve the guns. He allowed the officers into his home to do so.

Koons was charged with being a felon in possession and at no point during his change-of-plea hearing or during his sentencing hearing did Koons dispute the evidence or testimony presented. After he was sentenced, Koons filed a petition pursuant to 28 U.S.C. Section 2255 to vacate his conviction and sentencing, claiming his trial counsel was constitutionally deficient because he failed to investigate the potential Fourth Amendment claim Koons first brought up in this petition.

It wasn’t until his petition to vacate his conviction that Koons alleged the police told him at his workplace that they had a warrant to search his home and he had to return home and let them in. Koons also argued that the officer brandished a weapon when Koons expressed unwillingness.

The District Court denied the motion, and the 7th Circuit affirmed in Andrew C. Koons v. United States of America, No. 09-3025. They found no evidence that his attorney’s representation fell below an objective standard of reasonableness, as defined in Strickland v. Washington, 466 U.S. 668, 686 (1984).

Except for his petition, the evidence unequivocally supports the government’s version of the events that Koons voluntarily consented to the search and had no viable Fourth Amendment claim. Koons never informed the court that the officer allegedly showed a weapon to coerce him into returning home, or claimed to have a warrant, wrote Judge Joel Flaum.

In fact, Koons’ petition is the first time on record that he raises those claims. He never informed his attorney of the facts giving rise to the alleged Fourth Amendment violation. The judges found the trial counsel’s investigation, which included meeting with Koons 17 times and interviewing witnesses that the government intended to call, was adequate.

The judges also affirmed the District Court’s denial of Koons’ motion for an evidentiary hearing.

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  1. Can I get this form on line,if not where can I obtain one. I am eligible.

  2. What a fine example of the best of the Hoosier tradition! How sad that the AP has to include partisan snark in the obit for this great American patriot and adventurer.

  3. Why are all these lawyers yakking to the media about pending matters? Trial by media? What the devil happened to not making extrajudicial statements? The system is falling apart.

  4. It is a sad story indeed as this couple has been only in survival mode, NOT found guilty with Ponzi, shaken down for 5 years and pursued by prosecution that has been ignited by a civil suit with very deep pockets wrenched in their bitterness...It has been said that many of us are breaking an average of 300 federal laws a day without even knowing it. Structuring laws, & civilForfeiture laws are among the scariest that need to be restructured or repealed . These laws were initially created for drug Lords and laundering money and now reach over that line. Here you have a couple that took out their own money, not drug money, not laundering. Yes...Many upset that they lost money...but how much did they make before it all fell apart? No one ask that question? A civil suit against Williams was awarded because he has no more money to fight...they pushed for a break in order...they took all his belongings...even underwear, shoes and clothes? who does that? What allows that? Maybe if you had the picture of him purchasing a jacket at the Goodwill just to go to court the next day...his enemy may be satisfied? But not likely...bitterness is a master. For happy ending lovers, you will be happy to know they have a faith that has changed their world and a solid love that many of us can only dream about. They will spend their time in federal jail for taking their money from their account, but at the end of the day they have loyal friends, a true love and a hope of a new life in time...and none of that can be bought or taken That is the real story.

  5. Could be his email did something especially heinous, really over the top like questioning Ind S.Ct. officials or accusing JLAP of being the political correctness police.

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