Koons v. U.S.

Federal 7th Circuit Court
Criminal Court
Ineffective Assistance of Counsel
Citation
Case Number: 
No. 09-3025
Decision Date: 
April 28, 2011
Federal District: 
S.D. Ind., Evansville Div.
Holding: 
Affirmed
Dist. Ct. did not err in denying defendant's habeas petition seeking to vacate his guilty plea on claim that his counsel was ineffective for failing to file motion to suppress guns seized from defendant's home. While defendant argued that counsel failed to pursue his claim that police officer coerced him to retrieve guns by brandishing weapon, defendant conceded at guilty plea hearing that he voluntarily consented to search of his home. Moreover, record suggested that defendant never told his trial counsel about alleged coercion so as to alert counsel of any potential 4th Amendment claim.