Category Archives: Ineffective assistance

CA6: FRCP 60(b) can’t be used to backdoor a successor habeas

Habeas petitioner’s attempt to use Rule 60(b) to attack the rejection of a Fourth Amendment claim was a backdoor successor habeas that doesn’t satisfy grounds for one. In re Henderson, 2020 U.S. App. LEXIS 4856 (6th Cir. Feb. 14, 2020)*:

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E.D.Tenn.: Collective knowledge doesn’t require the stopping officer even know about it

“‘[W]e impute collective knowledge among multiple law enforcement agencies, even when the evidence demonstrates that the responding officer was wholly unaware’ of the specific relevant facts. (Doc. 194, at 24 (quoting United States v. Lyons, 687 F.3d 754, 766 (6th … Continue reading

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OH10: Judge who issued SW wasn’t barred from handling trial

The judge who signed the wiretap warrants in this case was not barred from conducting the trial. State v. Pippins, 2020-Ohio-503, 2020 Ohio App. LEXIS 467 (10th Dist. Feb. 13, 2020). Second successive 2255 habeas petition is denied, including his … Continue reading

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CA11: CoA granted to pursue 4A IAC claim

2255 appellant gets a CoA to appeal an ineffective assistance of counsel that defense counsel did not pursue a valid motion to suppress. (A prima facie case was apparently made.) Spriggs v. United States, 2020 U.S. App. LEXIS 4162 (11th … Continue reading

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NE: Failure to show any prejudice in 4A IAC claim doomed post-conviction case

Defense counsel at trial didn’t object to a search. Appellate counsel attempted to argue it but it was waived. Post-conviction counsel doesn’t even attempt to show prejudice from the failure of trial counsel. Affirmed. State v. Assad, 304 Neb. 979 … Continue reading

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S.D.Ind.: Lawyer not ineffective for not telling co-def’s counsel of a potential 4A claim

A lawyer can’t be ineffective for not raising a Fourth Amendment claim where there was no standing. In addition, he can’t be ineffective for not telling the lawyer for the person with standing about a search issue. It wouldn’t even … Continue reading

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OH8: No IAC for not arguing prior authority should be overruled

Appellate counsel wasn’t ineffective for not arguing that a prior decision should be overruled when it would not likely be. State v. Newton, 2020-Ohio-376, 2020 Ohio App. LEXIS 340 (8th Dist. Jan. 30, 2020).* Defendant’s claims of deficient performance were … Continue reading

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WY: Plain error does not apply to unargued points in motion to suppress; however, IAC shown on lack of RS to extend stop

Plain error does not apply to any search issue not preserved below. In an IAC claim, defendant showed, even with this limited record, the likelihood that he could have prevailed in a motion to suppress for lack of reasonable suspicion … Continue reading

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D.P.R.: Def’s 2255 claim was based on a fact litigated below and at the trial on the merits; the jury’s determination on credibility can’t be challenged now

In his 2255, defendant claims counsel was ineffective for not moving to suppress on the automobile search or consent search grounds. This was contrary to his defense at trial and the original suppression motion that the officers planted the gun, … Continue reading

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KS: Def’s stop when she was unconscious in a car was valid as a public safety stop

Defendant was unconscious in a car slumped over at the wheel at 2 am, unresponsive to a spotlight on her. This was valid as a public safety stop. State v. McKenna, 2020 Kan. App. LEXIS 7 (Jan. 31, 2020). “A … Continue reading

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FL5: Appellate counsel in direct appeal was ineffective for not arguing automobile exception wasn’t applicable; if it had been argued, court would have reversed

In defendant’s original appeal, appellate counsel argued only that the search incident doctrine applied and he failed on that issue. On post-conviction, however, new counsel argued that the automobile exception should have been argued and that it did not apply … Continue reading

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CA11: No justification is needed for a jail booking strip search

No justification is needed for a jail booking strip search. [The court alludes to what might possibly be some factual justification but doesn’t say that it was.] Watkins v. Pinnock, 2020 U.S. App. LEXIS 1881 (11th Cir. Jan. 22, 2020). … Continue reading

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