Daily Opinion Summaries U.S. 7th Circuit Court of Appeals

United States v. Woodard Docket: 12-3363 Opinion Date: March 5, 2014 Judge: Williams Areas of Law: Criminal Law, White Collar Crime Woodard was the director of a non‐profit grant organization, Gideon’s Gate, which provided educational and tutoring services to children. The Department of Education, not satisfied with Gideon’s performance, stopped providing funds. Woodard then enrolled Gideon as an Indiana Medicaid provider for outpatient mental health services, but continued to operate as an educational service provider. To fraudulently bill Medicaid, Woodard illegally obtained clients’ personal information from a welfare‐to‐work provider operated by a friend. Woodard submitted 2,437 false claims for $8.9 million worth of services to 378 patients. Woodard was charged with health care fraud, 18 U.S.C. 1347. Before trial Woodard filed several motions to change counsel. After appointing a third attorney, the court ordered a competency examination. A doctor concluded that Woodard was competent to stand trial. Two years later, after more delays and new attorneys, Woodard asked for another competency evaluation, which was denied. She pled guilty and was sentenced to 80 months in prison. The Seventh Circuit remanded for resentencing because the court applied the wrong version of the guidelines, but otherwise affirmed. The district court reached a reasonable conclusion after reviewing a previous psychological evaluation, considered advice from two mental health professionals, and considered Woodard’s interactions with her attorney. Although Woodard claimed that she did not knowingly and voluntarily plead guilty, the record shows that she did and that nothing would have alerted the court to the contrary. http://j.st/ZZG4 View Case On: Justia  Google Scholar

Kerr v. Dittmann Docket: 12-3006 Opinion Date: March 5, 2014 Judge: Wood Areas of Law: Civil Rights, Criminal Law Kerr shot his wife’s lover at point‐blank range, turned himself in, was convicted of first degree intentional homicide, and was sentenced to life in prison, with eligibility for parole after 21 years. His petition for habeas corpus claimed that assistant district attorney Williams offered a plea agreement under which Kerr would plead guilty to first degree reckless homicide, a Class B felony. Kerr claims that his attorney, Boyle, failed to advise him correctly about the penalties he would face if he accepted. Kerr says that he rejected the alleged offer because the sentencing range was the same as the one for intentional homicide. Following a remand, the district court heard from four witnesses: Kerr, Williams, Boyle, and Boyle’s co‐counsel, his daughter Bridget Boyle. Boyle and Williams testified that there was no offer at all. Kerr, some of Bridget’s statements, and letters between Bridget and Kerr since his incarceration, supported Kerr’s position. A sealed transcript, created after Kerr’s sentencing, recounted a discussion between Kerr, Williams, Boyle, and the trial judge concerning the issue. The district court found that the state never offered Kerr a plea bargain and again denied Kerr’s petition. The Seventh Circuit affirmed. http://j.st/ZZpH View Case On: Justia  Google Scholar