ILNews

7th Circuit: Defendant’s counsel not ineffective

Back to TopCommentsE-mailPrintBookmark and Share

The 7th Circuit Court of Appeals Thursday declined to find that a defendant’s appointed attorney provided ineffective assistance of counsel requiring the court to vacate or correct his 20-year sentence.

Devon Groves received 120 months each on a count of possession of a firearm by a felon and possession of ammunition by a felon, with the sentences running consecutively. He filed a motion to vacate, set aside or correct the sentence pursuant to 28 U.S.C. Section 2255, but the District Court denied the motion.

Groves claimed his trial counsel was constitutionally ineffective for failing to object to the presentence investigation report’s characterization of his 1995 burglary conviction as a crime of violence and because his attorney failed to fulfill Groves’ intention to plead guilty.

Groves had three appointed attorneys – H. Jay Stevens, Anthony Kowals and Brian J. May. During the time Kowals represented Groves, he gave the defendant a copy of a plea agreement. Groves told Kowals he wanted to go to trial. Groves wrote a letter to the court saying he decided to plead guilty and signed the proposed agreement, but that signed agreement never reached Kowals or the court. Kowals withdrew, and May also noted that Groves always said he wanted to go to trial. He never found a signed plea agreement in Groves’ file.

In Devon Groves v. United States of America, 12-3253, the 7th Circuit noted that Groves was consistent in telling his attorneys that he wanted to go to trial and his letter to the court even said he wasn’t interested in a plea.

Regarding the characterization of his 1995 burglary conviction as a crime of violence, Groves argued that he pleaded guilty to Class C felony burglary of a building, not Class B felony burglary of a dwelling as charged in the information. The Class C felony is not considered a crime of violence.

The judges held counsel was not ineffective under Strickland. Later caselaw on whether a crime is a “crime of violence” for purposes of Section 4B1.2(a)(2) that may have provided a favorable ruling for Groves is not retroactive. They also noted that at sentencing, May successfully challenged two enhancements recommended in the PSR, thus reducing the advisory guideline calculations.
 

ADVERTISEMENT

Post a comment to this story

COMMENTS POLICY
We reserve the right to remove any post that we feel is obscene, profane, vulgar, racist, sexually explicit, abusive, or hateful.
 
You are legally responsible for what you post and your anonymity is not guaranteed.
 
Posts that insult, defame, threaten, harass or abuse other readers or people mentioned in Indiana Lawyer editorial content are also subject to removal. Please respect the privacy of individuals and refrain from posting personal information.
 
No solicitations, spamming or advertisements are allowed. Readers may post links to other informational websites that are relevant to the topic at hand, but please do not link to objectionable material.
 
We may remove messages that are unrelated to the topic, encourage illegal activity, use all capital letters or are unreadable.
 

Messages that are flagged by readers as objectionable will be reviewed and may or may not be removed. Please do not flag a post simply because you disagree with it.

Sponsored by

facebook - twitter on Facebook & Twitter

Indiana State Bar Association

Indianapolis Bar Association

Evansville Bar Association

Allen County Bar Association

Indiana Lawyer on Facebook

facebook
ADVERTISEMENT
Subscribe to Indiana Lawyer
  1. I am compelled to announce that I am not posting under any Smith monikers here. That said, the post below does have a certain ring to it that sounds familiar to me: http://www.catholicnewworld.com/cnwonline/2014/0907/cardinal.aspx

  2. As an adoptive parent, I have to say this situation was as shameful as it gets. While the state government opens its wallet to the Simons and their friends, it denied payments to the most vulnerable in our state. Thanks Mitch!

  3. We as lawyers who have given up the range of First amendment freedom that other people possess, so that we can have a license to practice in the courts of the state and make gobs of money, that we agree to combat the hateful and bigoted discrimination enshrined in the law by democratic majorities, that Law Lord Posner has graciously explained for us....... We must now unhesitatingly condemn the sincerely held religious beliefs of religiously observant Catholics, Muslims, Christians, and Jewish persons alike who yet adhere to Scriptural exhortations concerning sodomites and catamites..... No tolerance will be extended to intolerance, and we must hate the haters most zealously! And in our public explanations of this constitutional garbledygook, when doing the balancing act, we must remember that the state always pushes its finger down on the individualism side of the scale at every turn and at every juncture no matter what the cost to society.....to elevate the values of a minority over the values of the majority is now the defining feature of American "Democracy..." we must remember our role in tricking Americans to think that this is desirable in spite of their own democratically expressed values being trashed. As a secular republic the United States might as well be officially atheist, religious people are now all bigots and will soon be treated with the same contempt that kluckers were in recent times..... The most important thing is that any source of moral authority besides the state be absolutely crushed.

  4. In my recent article in Indiana Lawyer, I noted that grass roots marketing -- reaching out and touching people -- is still one of the best forms of advertising today. It's often forgotten in the midst of all of today's "newer wave" marketing techniques. Shaking hands and kissing babies is what politicians have done for year and it still works. These are perfect examples of building goodwill. Kudos to these firms. Make "grass roots" an essential part of your marketing plan. Jon Quick QPRmarketing.com

  5. Hi, Who can I speak to regarding advertising today? Thanks, Gary

ADVERTISEMENT