Pubdate: Mon, 10 Nov 2008
Source: Quad-City Times (IA)
Copyright: 2008 Quad-City Times
Contact: http://www.qctimes.com/pages/contact/email.php?e=29
Website: http://www.qctimes.com/
Details: http://www.mapinc.org/media/857
Author: Dustin Lemmon
Bookmark: http://www.mapinc.org/pot.htm (Cannabis)

CONVICTED DRUG-TRAFFICKER SUES LAWYER

A Flint, Mich., man whose conviction and 12-year prison sentence were
overturned by the Illinois Appellate Court has filed suit against the
attorney who represented him, claiming legal malpractice.

Gregory Terry filed the suit Monday in U.S. District Court, Rock
Island, against Kewanee attorney Edward Woller, who represented him
and his co-defendant, Keith  Sanders, also of Michigan, in a drug
trafficking case in state court.

The case stemmed from a June 17, 2006, traffic stop in which Terry
and Sanders, who was driving, were found to have a box of cannabis in
the vehicle's trunk, the suit states.

The two had driven to Des Moines to watch Sanders' cousin play
basketball, the suit states, but they started back from Flint after
Sanders could not find the cousin. They were stopped in Henry County,
Ill.,  where a police officer discovered the cannabis and arrested
them.

Woller, who could not be reached for comment Monday, was assigned to
represent both men in their court case. Terry waived his right to
conflict-free counsel, but  the suit argues that he was not told there
was a  potential for a conflict between the two defendants and 
therefore could not have given consent.

At a preliminary hearing, the arresting officer said  Terry had
"nothing to do with the drugs and was just along for the trip," the
suit claims.

At trial, Sanders was willing to waive his Fifth Amendment rights and
testify on Terry's behalf, but  Woller did not call him to the stand,
the suit states, adding that the defense never argued that Sanders
alone was responsible for the drugs being in the vehicle.

In December 2006, a jury convicted Terry of cannabis trafficking,
unlawful possession with intent to deliver cannabis and unlawful
possession of cannabis. He was later sentenced to 12 years in prison.

On Jan. 30, 2008, the Illinois Appellate Court overturned Terry's
conviction and issued a mandate for  his release Feb. 6.

The suit notes that Terry spent more than 13 months in prison before
being released. It includes two counts against Woller for legal
malpractice and seeks more  than $75,000 in damages.
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