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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. wow is this a bunch of bs! i know the facts!

  2. MCBA .... time for a new release about your entire membership (or is it just the alter ego) being "saddened and disappointed" in the failure to lynch a police officer protecting himself in the line of duty. But this time against Eric Holder and the Federal Bureau of Investigation: "WASHINGTON — Justice Department lawyers will recommend that no civil rights charges be brought against the police officer who fatally shot an unarmed teenager in Ferguson, Mo., after an F.B.I. investigation found no evidence to support charges, law enforcement officials said Wednesday." http://www.nytimes.com/2015/01/22/us/justice-department-ferguson-civil-rights-darren-wilson.html?ref=us&_r=0

  3. Dr wail asfour lives 3 hours from the hospital,where if he gets an emergency at least he needs three hours,while even if he is on call he should be in a location where it gives him max 10 minutes to be beside the patient,they get paid double on their on call days ,where look how they handle it,so if the death of the patient occurs on weekend and these doctors still repeat same pattern such issue should be raised,they should be closer to the patient.on other hand if all the death occured on the absence of the Dr and the nurses handle it,the nurses should get trained how to function appearntly they not that good,if the Dr lives 3 hours far from the hospital on his call days he should sleep in the hospital

  4. It's a capital offense...one for you Latin scholars..

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