7th Circuit reaffirms drug conviction over claims of ineffective counsel

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A man convicted of federal drug charges failed to convince a panel of the 7th Circuit Court of Appeals that his conviction should be vacated due to ineffective assistance of counsel. The court affirmed a conviction from the District Court for the Northern District of Indiana.

Circuit Judge Richard Posner wrote for the court that Jose Loera Jr. didn’t show his attorney was ineffective in Jose J. Loera, Jr. v. United States of America, 11-3223. “Loera faults his lawyer first for having failed to argue … that the denial of the motion to suppress in the first round of the criminal proceeding should be binding in the second round — the trial — by virtue of the doctrine of collateral estoppel,” Posner wrote. The government had not objected to the motion to suppress initially, the panel noted, so the judge hadn’t reached the merits.

“The doctrine of collateral estoppel was not applicable in this case, and so Loera’s lawyer can’t be faulted for not having invoked it,” Posner wrote. “Not every ruling has collateral estoppel effect in a subsequent proceeding in which the issue resolved by the ruling pops up again. Considering the number of rulings that a judge is apt to make in a case, whether civil or criminal, we worry that to give every ruling collateral estoppel effect would make the doctrine proliferate excessively.

“As in this case, many trial rulings are made casually, with little attention to the merits of the issue ruled on and in this case probably no attention, since the nonmoving party had not opposed the motion that precipitated the ruling.”

Loera also failed to prevail on his claim that his right to speedy trial was violated.



  • Fairy tales abound
    Once again rather than administer justice, the court of appeals has chosen to re write the law to there liking!

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  1. Joe, you might want to do some reading on the fate of Hoosier whistleblowers before you get your expectations raised up.

  2. I had a hospital and dcs caseworker falsify reports that my child was born with drugs in her system. I filed a complaint with the Indiana department of health....and they found that the hospital falsified drug screens in their investigation. Then I filed a complaint with human health services in Washington DC...dcs drug Testing is unregulated and is indicating false positives...they are currently being investigated by human health services. Then I located an attorney and signed contracts one month ago to sue dcs and Anderson community hospital. Once the suit is filed I am taking out a loan against the suit and paying a law firm to file a writ of mandamus challenging the courts jurisdiction to invoke chins case against me. I also forwarded evidence to a u.s. senator who contacted hhs to push an investigation faster. Once the lawsuit is filed local news stations will be running coverage on the situation. Easy day....people will be losing their jobs soon...and judge pancol...who has attempted to cover up what has happened will also be in trouble. The drug testing is a kids for cash and federal funding situation.

  3. (A)ll (C)riminals (L)ove (U)s is up to their old, "If it's honorable and pro-American, we're against it," nonsense. I'm not a big Pence fan but at least he's showing his patriotism which is something the left won't do.

  4. While if true this auto dealer should be held liable, where was the BMV in all of this? How is it that the dealer was able to get "clean" titles to these vehicles in order to sell them to unsuspecting consumers?

  5. He has refused his Assent to Laws, the most wholesome and necessary for the public good. He has forbidden his Governors to pass Laws of immediate and pressing importance, He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass our people, and eat out their substance. He has combined with others to subject us to a jurisdiction foreign to our constitution, and unacknowledged by our laws; giving his Assent to their Acts of pretended Legislation: For imposing Taxes on us without our Consent: He is at this time transporting large Armies of foreign Mercenaries to compleat the works of death, desolation and tyranny, already begun with circumstances of Cruelty & perfidy scarcely paralleled in the most barbarous ages, and totally unworthy the Head of a civilized nation.. He has excited domestic insurrections amongst us, and has endeavoured to bring on the inhabitants of our frontiers, the merciless [ ] Savages, whose known rule of warfare, is an undistinguished destruction of all ages, sexes and conditions. GOD BLESS THE GOVERNORS RESISTING! Count on the gutless judiciary to tie our children down and facilitate the swords being drawn across their throats. Wake Up America ...