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7th Circuit: Attorney provided effective assistance to man facing drug charges

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The 7th Circuit Court of Appeals rejected a defendant’s argument that his trial attorney was ineffective because he failed to object to an interpreter arrangement during a witness’s testimony and chose not to have all of discovery translated into Spanish.

Gabriel Mendoza is serving a life sentence after being convicted of drug conspiracy and other drug offenses in federal court in South Bend. Attorney Mark Lenyo was appointed to represent Mendoza at trial. Mendoza wanted all discovery translated into Spanish, but given the volume of it, Lenyo instead summarized the discovery and had the court-appointed interpreter translate that for Mendoza.

Mendoza claimed in Gabriel v. Mendoza v. United States of America, 13-3195, 13-3196, that this decision, along with Lenyo’s failure to object to allowing one of Mendoza’s two court-appointed interpreters to move from the defense table closer to a witness to translate, resulted in ineffective assistance. Because Mendoza’s common-law wife Aurora Virruta also needed a translator and the court did not have one for witnesses, interpreter Ana Maria Toro-Greiner provided translation for Virruta while Susannah Bueno stayed at the defense table with Mendoza. Mendoza did not raise any concerns with this arrangement at trial.

The 7th Circuit affirmed the denial of Mendoza’s Section 2255 petition for relief.

“We have no reason to dispute the experienced trial judge’s credibility determinations. Given his findings that Leyno was ‘quite believable’ and Mendoza was ‘painfully unbelievable,’ there is no basis to think the judge made a mistake in finding that an interpreter was at the defense table during Virruta’s testimony. Because an interpreter was available to interpret communications between Mendoza and Lenyo at all times during Virruta’s testimony, Mendoza’s due process claim fails,” Judge John Tinder wrote.  

“Regarding counsel’s failure to object to the interpreter arrangement during Virruta’s testimony, Mendoza runs head-on into the district court’s finding that an interpreter was at the defense table and available to Mendoza for communications with counsel. Based on this finding, Mendoza’s rights were not infringed and Lenyo was not deficient in failing to object to the arrangement in which one interpreter was moved near the witness stand. But even if we were to find clear error in the district court’s finding as to the second interpreter’s location at the defense table, and assume that counsel was deficient in failing to object or ask for an alternative arrangement, such as multiple breaks during Virruta’s testimony, the claim still fails because Mendoza cannot show that counsel’s performance prejudiced the defense,” Tinder wrote.
 

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  1. I will continue to pray that God keeps giving you the strength and courage to keep fighting for what is right and just so you are aware, you are an inspiration to those that are feeling weak and helpless as they are trying to figure out why evil keeps winning. God Bless.....

  2. Some are above the law in Indiana. Some lined up with Lodges have controlled power in the state since the 1920s when the Klan ruled Indiana. Consider the comments at this post and note the international h.q. in Indianapolis. http://www.theindianalawyer.com/human-trafficking-rising-in-indiana/PARAMS/article/42468. Brave journalists need to take this child torturing, above the law and antimarriage cult on just like The Globe courageously took on Cardinal Law. Are there any brave Hoosier journalists?

  3. I am nearing 66 years old..... I have no interest in contacting anyone. All I need to have is a nationality....a REAL Birthday...... the place U was born...... my soul will never be at peace. I have lived my life without identity.... if anyone can help me please contact me.

  4. This is the dissent discussed in the comment below. See comments on that story for an amazing discussion of likely judicial corruption of some kind, the rejection of the rule of law at the very least. http://www.theindianalawyer.com/justices-deny-transfer-to-child-custody-case/PARAMS/article/42774#comment

  5. That means much to me, thank you. My own communion, to which I came in my 30's from a protestant evangelical background, refuses to so affirm me, the Bishop's courtiers all saying, when it matters, that they defer to the state, and trust that the state would not be wrong as to me. (LIttle did I know that is the most common modernist catholic position on the state -- at least when the state acts consistent with the philosophy of the democrat party). I asked my RCC pastor to stand with me before the Examiners after they demanded that I disavow God's law on the record .... he refused, saying the Bishop would not allow it. I filed all of my file in the open in federal court so the Bishop's men could see what had been done ... they refused to look. (But the 7th Cir and federal judge Theresa Springmann gave me the honor of admission after so reading, even though ISC had denied me, rendering me a very rare bird). Such affirmation from a fellow believer as you have done here has been rare for me, and that dearth of solidarity, and the economic pain visited upon my wife and five children, have been the hardest part of the struggle. They did indeed banish me, for life, and so, in substance did the the Diocese, which treated me like a pariah, but thanks to this ezine ... and this is simply amazing to me .... because of this ezine I am not silenced. This ezine allowing us to speak to the corruption that the former chief "justice" left behind, yet embedded in his systems when he retired ... the openness to discuss that corruption (like that revealed in the recent whistleblowing dissent by courageous Justice David and fresh breath of air Chief Justice Rush,) is a great example of the First Amendment at work. I will not be silenced as long as this tree falling in the wood can be heard. The Hoosier Judiciary has deep seated problems, generational corruption, ideological corruption. Many cases demonstrate this. It must be spotlighted. The corrupted system has no hold on me now, none. I have survived their best shots. It is now my time to not be silent. To the Glory of God, and for the good of man's law. (It almost always works that way as to the true law, as I explained the bar examiners -- who refused to follow even their own statutory law and violated core organic law when banishing me for life -- actually revealing themselves to be lawless.)

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