Category Archives: Ineffective assistance

OH7: Defense counsel’s strategic choice to not challenge search was reasonable; he exploited it in cross of the officers

Defense counsel’s strategic choice to not challenge a search and embrace the result of the search for cross-examination was reasonable. And it was justified because it resulted in acquittal on a big count. State v. Baker, 2020-Ohio-7023, 2020 Ohio App. … Continue reading

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CA10: Code enforcement officer coming to ptf’s door to talk to him didn’t violate curtilage

A city code enforcement officer who came to plaintiff’s door for a couple of minutes to attempt to talk to him about a sign code violation did not violate the curtilage. Clark v. City of Williamsburg, 2021 U.S. App. LEXIS … Continue reading

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W.D.N.C.: Def counsel not ineffective for not arguing Carpenter protects bank records because it doesn’t

There is no reasonable expectation of privacy in bank records such that the government needed a warrant to get them. Defense counsel wasn’t ineffective for not arguing that there was such an interest. “Carpenter did not overrule Miller but merely … Continue reading

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E.D.Tenn.: Def’s car that others were known to drive being outside house of another wasn’t reasonable belief he was there

Officers did not have a reasonable belief defendant was on the premises of another just because he was seen there a month earlier and what was somewhat believed to be his car was parked out outside just before the entry. … Continue reading

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CA6: CoA denied for federal defense counsel not pursuing claim SW violated state law

CoA denied for an ineffective assistance of counsel claim that defense counsel didn’t investigate the claim that the state court search warrant hadn’t been properly issued and then filed and was thus invalid. It wouldn’t be because there was essentially … Continue reading

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N.D.Ohio: Trial testimony showed search was by consent, so no IAC

Defendant’s 2255 claim that defense counsel was ineffective for not challenging a search is belied by trial testimony, the only suggestion there is, that the search was by consent. Francis v. United States, 2020 U.S. Dist. LEXIS 245228 (N.D. Ohio … Continue reading

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NC: GPS tracking warrant affidavit showed PC

The warrant for installing a GPS tracker on defendant’s vehicle showed probable cause, the subject of the tracking to places he’s been and to locate potential conspirators. State v. McNeill, 2020 N.C. App. LEXIS 947 (Dec. 31, 2020).* Not having … Continue reading

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CA11: Obscured LPN justified stop, even if statute was unconstitutionally vague

Defendant’s obscured LPN gave probable cause for the stop, even if the statute were to later prove to be unconstitutionally vague. The latter question is not decided. United States v. Sanchez, 2020 U.S. App. LEXIS 40243 (11th Cir. Dec. 23, … Continue reading

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OH2: Post-conviction 4A claim of lack of PC for SW fails for failure to include affidavit in record

Defendant’s post-conviction claim that defense counsel was ineffective for not challenging the validity of the search warrant in his case fails. He has to show he would have prevailed on the search issue, but the affidavit for the warrant isn’t … Continue reading

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OH: Touching fog line not traffic violation

Resolving a state conflict, touching the right fog line is not a violation of Ohio’s traffic laws. State v. Turner, 2020-Ohio-6773, 2020 Ohio LEXIS 2814 (Dec. 22, 2020). Defense counsel wasn’t ineffective for not arguing at a hearing an issue … Continue reading

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CA5: GFE applies to SW with outdated Google Map image but with correct address

The good faith exception applies to the officer’s accidentally using an outdated Google maps image in a search warrant application but with a correct actual address. “The circumstances make clear that [Officer] Herron’s mistake was an honest one-a far cry … Continue reading

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E.D.Wis.: Seizure under SW not 5A taking

A seizure under a search warrant is not a Fifth Amendment taking. Woods v. Milwaukee Cty. Dist. Atty’s Office, 2020 U.S. Dist. LEXIS 231416 (E.D. Wis. Dec. 9, 2020). Defense counsel was not ineffective for not raising defendant’s search issue … Continue reading

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E.D.N.Y.: Valid strategic reasons for not using SW affidavit at trial

Defendant claimed perjury at trial because search warrant affidavits had information contrary to the trial testimony. There were good strategic reasons for not putting the affidavit in evidence. “Presumably, in deciding this claim, it is only appropriate to consider evidence … Continue reading

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OH1: Specific BOLO of being involved in shooting justified stop

A specific BOLO for a vehicle alleged to be involved in a shooting led to defendant’s stop with reasonable suspicion. Probable cause then developed. State v. Houston, 2020-Ohio-5421, 2020 Ohio App. LEXIS 4301 (1st Dist. Nov. 25, 2020). “In his … Continue reading

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KS: GFE applies to blood draw before court held it unconstitutional

“Applying State v. Perkins, 310 Kan. 764, 449 P.3d 756 (2019), to the circumstances of this case, the good-faith exception to the exclusionary rule applies and allowed the district court to consider the results of a blood test for blood … Continue reading

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N.D.Ohio: Arrest during mayor’s civil unrest proclamation was unreasonable, and vehicle plain view suppressed

Defendant’s arrest under the Cleveland Mayor’s civil unrest proclamation was unreasonable, and the plain view was a result of the illegal arrest. United States v. Long, 2020 U.S. Dist. LEXIS 213676 (N.D. Ohio Nov. 16, 2020). Petitioner generally claimed the … Continue reading

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