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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.

 

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  • 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. Well, maybe it's because they are unelected, and, they have a tendency to strike down laws by elected officials from all over the country. When you have been taught that "Democracy" is something almost sacred, then, you will have a tendency to frown on such imperious conduct. Lawyers get acculturated in law school into thinking that this is the very essence of high minded government, but to people who are more heavily than King George ever did, they may not like it. Thanks for the information.

  2. I pd for a bankruptcy years ago with Mr Stiles and just this week received a garnishment from my pay! He never filed it even though he told me he would! Don't let this guy practice law ever again!!!

  3. Excellent initiative on the part of the AG. Thankfully someone takes action against predators taking advantage of people who have already been through the wringer. Well done!

  4. Conour will never turn these funds over to his defrauded clients. He tearfully told the court, and his daughters dutifully pledged in interviews, that his first priority is to repay every dime of the money he stole from his clients. Judge Young bought it, much to the chagrin of Conour’s victims. Why would Conour need the $2,262 anyway? Taxpayers are now supporting him, paying for his housing, utilities, food, healthcare, and clothing. If Conour puts the money anywhere but in the restitution fund, he’s proved, once again, what a con artist he continues to be and that he has never had any intention of repaying his clients. Judge Young will be proven wrong... again; Conour has no remorse and the Judge is one of the many conned.

  5. Pass Legislation to require guilty defendants to pay for the costs of lab work, etc as part of court costs...

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