United States v. Patrick Wallace
753 F.3d 671
| 7th Cir. | 2014Background
- Defendant convicted by jury of possession with intent to distribute at least 280 grams of crack cocaine; sentenced to 288 months.
- Andrew Wallace, defendant's nephew and a DEA informant, wore a recording device and made drug purchases from the defendant.
- DEA obtained a search warrant after reviewing video of Andrew’s visits; additional drug purchases occurred during the process.
- During the search, the front-room occupants overheard the defendant say, 'everything in there’s mine'; defendant admitted ownership in a later statement.
- Andrew recanted his pre-trial affidavit via later video; defense sought his testimony and a material-witness warrant but faced practical obstacles.
- The district court admitted a portion of the videotape with narration; issues arose on Miranda, confrontation-clause, and counsel substitution/ineffective assistance.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Miranda warning and admissibility of statement | Defendant argues Miranda was violated; admission should be excluded. | Government contends no custodial interrogation or compelled statement; admission permissible. | No Miranda error; admission proper. |
| Confrontation clause and videotaped recital | Defendant contends admission of videotape without Andrew's live testimony violated confrontation. | Video is not a testimonial witness; no cross-examining of the maker possible; narration suffices. | No confrontation-clause violation; if any error, it's harmless given strong other evidence. |
| Right to counsel and waiver of substitution; ineffective assistance | Defendant seeks new counsel; breakdown in communication; possible ineffective assistance. | Right to counsel does not guarantee choice of counsel; substitution denied may be harmless. | Piecemeal ineffective-assistance claims rejected; claims dismissed without prejudice; judgment affirmed. |
Key Cases Cited
- Rhode Island v. Innis, 446 U.S. 291 (U.S. Supreme Court 1980) (clarifies custodial interrogation and interrogation scope for Miranda)
- United States v. Sklena, 692 F.3d 725 (7th Cir. 2012) (discusses hearsay admissibility and statements under Rule 804(b)(1))
- Greiner v. Wells, 417 F.3d 305 (2d Cir. 2005) (hearsay and the use of videotaped depictions)
- United States v. Flores, 739 F.3d 337 (7th Cir. 2014) (avoidance of piecemeal ineffective-assistance analysis on direct appeal)
- Wheat v. United States, 486 U.S. 153 (U.S. Supreme Court 1988) (counseling and substitution of appointed counsel standards)
- Morri s v. Slappy, 461 U.S. 1 (U.S. Supreme Court 1983) (standards for ineffective assistance and counsel substitution)
- United States v. Harris, 394 F.3d 543 (7th Cir. 2005) (prejudice and harmless error in counsel conduct)
- United States v. Volpentesta, 727 F.3d 666 (7th Cir. 2013) (procedural considerations on ineffective-assistance claims)