By: WISCONSIN LAW JOURNAL STAFF//June 18, 2014//
U.S. Court of Appeals
For the Seventh Circuit
Criminal
Criminal Procedure – Ineffective assistance
It was not deficient performance for an attorney to summarize the evidence against his client rather than have the discovery translated into Spanish.
“Lenyo’s testimony and billing records establish that he spent over 21 hours reviewing discovery in the case. He then spent several hours reviewing the summarized discovery with Mendoza. Lenyo even arranged for Mendoza to view the physical evidence against him at the U.S. Attorney’s Office. Mendoza fails to identify any particular evidence that Lenyo failed to review with him. Nor does Mendoza explain how Lenyo was insufficiently prepared for trial. With nothing other than conclusory allegations, Mendoza cannot establish deficient performance or, for that matter, prejudice.”
Affirmed.
13-3195 & 13-3196 Mendoza v. U.S.
Appeals from the United States District Court for the Northern District of Indiana, Miller, J., Tinder, J.