Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Ray Crowell, Jr. v. Mark Sevier

Case No.: 21-2416

Officials: Hamilton, Scudder, and Pryor, Circuit Judges.

Focus: Ineffective Assistance of Counsel

In 2015, Crowell was charged by Indiana with 13 felony counts, encompassing four Class A felony child molesting charges, four Class B felony sexual misconduct with a minor charges, two Level 5 felony incest charges, as well as single counts of Class C felony incest, Class C felony child molesting, and Class C felony sexual misconduct with a minor. However, Crowell was unaware that the statute of limitations had expired for the four Class B felony sexual misconduct with a minor charges, the Class C felony sexual misconduct with a minor charge, and the Class C felony child molesting charge. Crowell’s attorney, who was appointed to represent him, neglected to communicate to Crowell or the prosecution that he had a viable statute-of-limitations defense. Consequently, Crowell entered a guilty plea for three of the charges, including one that was no longer within the statute of limitations, based on a binding plea agreement.

Subsequently, Crowell sought federal habeas corpus relief under 28 U.S.C. 2254, asserting a violation of his Sixth Amendment right to effective legal counsel. The Indiana Court of Appeals rejected Crowell’s claim, citing his failure to demonstrate that had he been properly advised, he would have declined the plea agreement and insisted on proceeding to trial for the charges still within the statute of limitations. The Seventh Circuit upheld the decision to deny relief. It concluded that the state court’s ruling did not unreasonably deviate from established Supreme Court precedents.

Affirmed

Decided 08/08/23

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