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Tuesday, January 11, 2005

Ind. Dec. - 7th Circuit posts four today

Foss, Kenneth v. Bear Stearns & Co (ND Ill.)

Canaan, Keith B. v. Davis, Cecil (SD Ind., David F. Hamilton, Judge)

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Because Canaan's counsel was ineffective in failing to consult
with him regarding his right to testify at the penalty
phase of the trial, we AFFIRM the judgment of the district
court issuing a writ of habeas corpus on this basis and
vacating his death sentence. We REVERSE that part of the
district court�s judgment granting Canaan habeas corpus
relief based on his claims relating to the attempted criminal
deviate conduct conviction. The State of Indiana is free to
conduct a new death penalty hearing, providing that the
State files appropriate documents seeking such relief within
120 days of the mandate of this court.
USA v. Harris, Loumard (SD Ind., Larry J. McKinney, Chief Judge)
Before EASTERBROOK, KANNE and ROVNER, Circuit Judges.
ROVNER, Circuit Judge. Loumard Harris was charged
with violating 18 U.S.C. � 922(g)(1), which prohibits felons
from possessing guns. His first trial ended in a hung jury,
but a jury convicted him at a second trial. Between the first
and second trials, Harris had a falling-out with his courtappointed
attorney and he asked for new counsel. The
district court declined his request. The details of the conflict
are not for the most part in the record of this direct appeal.
Nevertheless Harris appeals his conviction on the grounds
that (1) the district court erred in denying his request for
new counsel; (2) the denial resulted in ineffective assistance
of counsel; and (3) section 922(g)(1) is an unconstitutional
exercise of federal power over purely intrastate activities in
contravention of the Commerce Clause. Reversals of
convictions on direct appeal on the grounds of ineffective
assistance of counsel are exceedingly rare in any court, and
Judge Easterbrook noted at oral argument that none can be
found in this Circuit. Having thoroughly warned the
defendant and his lawyer of the steep uphill climb�a
vertical climb, really�that they would have to make, they
chose to go forward with this direct appeal even though its
failure would mean the claims could not be brought later
with a fully developed record in a petition for habeas
corpus. That consequence now comes to pass as we affirm
the judgment of the district court.
Ali, Mirwais v. Ashcroft, John (Immigration)

Posted by Marcia Oddi on January 11, 2005 01:29 PM
Posted to Ind. (7th Cir.) Decisions