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Thursday, July 23, 2015

Ind. Decisions - 7th Circuit decided one Indiana case yesterday

In USA v. Joseph B. Miller (ND Ind., Moody), a 19-page opinion, Judge Flaum writes:

In 2013, a federal jury found Joseph Miller guilty of bank robbery. Miller now seeks a new trial, which he believes is warranted for two reasons: first, Miller contends that an FBI agent offered false testimony during his trial, and second, he argues that his trial counsel provided constitutionally ineffective assistance by failing both to seek suppression of an in-court identification and to challenge the credibility of the testifying FBI agent via cross-examination on certain specified issues. Because we conclude that neither the agent’s alleged misstatements nor counsel’s purported errors affected the outcome of Miller’s trial, we affirm the district court’s denial of his new trial motion.

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[5] We note that because Miller brought his ineffective assistance of coun-sel claim on direct appeal, he will be barred from collaterally attacking his conviction on these same grounds. See Peoples v. United States, 403 F.3d 844, 848 (7th Cir. 2005) (“[A] defendant who chooses to make an ineffective-assistance argument on direct appeal cannot present it again on collateral review.”).

Posted by Marcia Oddi on July 23, 2015 10:33 AM
Posted to Ind. (7th Cir.) Decisions