Cates v. United States

Lemons called 911 to report vandalism. Officer Cates and his partner responded. Cates and Lemons were left alone in her home. Lemons claimed that Cates raped her; Cates claimed that they had consensual sex. Cates was charged with depriving Lemons of her civil rights and carrying a firearm in relation to that crime. The civil-rights charge was premised on the sexual assault. The government also alleged aggravated sexual abuse, which increased the maximum penalty to life in prison. A jury convicted Cates on the civil-rights count, acquitted him on the firearm count, and found that he committed aggravated sexual abuse. Cates’s lawyer withdrew. His new lawyer unsuccessfully moved to extend the deadline for post-verdict motions, which had expired months earlier. Cates was sentenced to 24 years. The new lawyer represented Cates on appeal but, unsuccessfully, challenged only the denial of his request concerning post-verdict motions. Seeking collateral relief, Cates alleged that his trial and appellate counsel were constitutionally ineffective for failing to challenge a jury instruction. The Seventh Circuit reversed denial of the petition. The judge improperly instructed the jury that “force” includes not just physical force but also psychological coercion and may even be inferred from a disparity in size. There is a reasonable probability that a properly-instructed jury would find the evidence insufficient to prove aggravated sexual abuse, which would cap Cates’s maximum penalty at one year. View "Cates v. United States" on Justia Law