Crowell, v. Sevier, No. 21-2416 (7th Cir. 2023)
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In 2015, Indiana charged Crowell with 13 felony counts: four counts of Class A felony child molesting, four counts of Class B felony sexual misconduct with a minor, two counts of Level 5 felony incest, and one count each of Class C felony incest, Class C felony child molesting, and Class C felony sexual misconduct with a minor. Unbeknownst to Crowell, the statute of limitations had run on the four counts of Class B felony sexual misconduct with a minor, Class C felony sexual misconduct with a minor, and Class C felony child molesting. Crowell’s appointed attorney failed to inform him or the prosecution that Crowell had a statute-of-limitations defense. Crowell pled guilty to three charges (including one that was time-barred) under a binding plea agreement.
Crowell sought federal habeas corpus relief, 28 U.S.C. 2254, claiming he was deprived of his Sixth Amendment right to effective assistance of counsel. The Indiana Court of Appeals had rejected Crowell’s claim because he had not shown that if he had been properly advised, he would have rejected the plea bargain and insisted on going to trial on the timely charges. The Seventh Circuit affirmed the denial of relief. The state court’s decision was not an unreasonable application of Supreme Court precedent.
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