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Friday, August 09, 2013

Ind. Decisions - 7th Circuit decides a second Indiana case today, a reversal

In THOMAS H. HURLOW v. UNITED STATES OF AMERICA (SD Ind., Lawrence), an 18-page opinion, Judge Bauer writes:

Thomas Hurlow pleaded guilty to multiple drug and firearm offenses after law enforcement officials discovered drugs and a firearm in the home Hurlow shared with his fiancée. In a written plea agreement, Hurlow waived his right to challenge his conviction under 28 U.S.C. § 2255. He has done just that, though, alleging in a § 2255 petition that he advised his trial counsel of events that suggested that the search of his home was in violation of Georgia v. Randolph, 547 U.S. 103 (2006), but that counsel failed to investigate those events and instead persuaded Hurlow to plead guilty. The district court denied Hurlow’s request for an evidentiary hearing and concluded that his § 2255 motion was barred by the waiver in his plea agreement. Because the § 2255 waiver in his plea agreement does not bar his claim that his trial counsel was ineffective in negotiating the plea agreement, we remand the matter to the district court for an evidentiary hearing on that claim.

Posted by Marcia Oddi on August 9, 2013 08:24 PM
Posted to Ind. (7th Cir.) Decisions