Category Archives: Ineffective assistance

S.D.Fla.: Co-def’s winning suppression motion shows IAC for this defendant

Defendant satisfied his burden of proof that defense counsel was ineffective because his codefendant prevailed on his motion to suppress. If he’d timely moved to set aside the plea it would have almost certainly been granted. Perez v. United States, … Continue reading

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FL1: Def’s car search outside his chain link fence was outside the curtilage

Defendant was stopped for a traffic offense, but he made it to his mobile home and parked outside the chain link fence. The court finds the car was outside the curtilage under Dunn when the stop and dog sniff occurred. … Continue reading

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S.D.Tex.: Carpenter applies to a 2015 CSLI application because the case is still pending

Carpenter applies to defendant’s CSLI because his case is still pending despite the fact the CSLI was obtained in 2015. Suppressed. United States v. Beverly, 2018 U.S. Dist. LEXIS 183539 (S.D. Tex. Oct. 26, 2018). Defense counsel wasn’t ineffective for … Continue reading

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CA10: In a Carpenter remand, court remands to Dist.Ct. instead of applying GFE

This case was GVR’d after Carpenter, and the court remands to the district court to make further findings. United States v. Thompson, 2018 U.S. App. LEXIS 29949 (10th Cir. Oct. 24, 2018). Defense counsel can’t be ineffective for not filing … Continue reading

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ME: First blood draw was potentially contaminated, so second was valid under exigent circumstances

The state showed by a preponderance of the evidence that there were exigent circumstances for a warrantless blood draw. Natural dissipation of alcohol alone is not an exigency under McNealy. The first blood draw was potentially contaminated, so a second … Continue reading

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W.D.Va.: Def counsel’s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM

Defense counsel’s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn’t if the defense … Continue reading

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N.D.Ind.: Court can’t exclude for knock-and-announce failure

Failure to properly knock-and-announce is foreclosed as a reason for exclusion under Hudson v. Michigan. United States v. Calligan, 2018 U.S. Dist. LEXIS 173193 (N.D. Ind. Oct. 9, 2018). 2255 petitioner was not prejudiced by defense counsel’s failure to challenge … Continue reading

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TX: No IAC for def counsel not forecasting change in 4A law

Defense counsel was not ineffective for not forecasting McNeeley before defendant’s guilty plea. “When a defendant waives the right to have a jury determine guilt or innocence and admits or does not contest guilt, the defendant does so under the … Continue reading

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CA7: In a wiretap application, only def’s nickname was sufficient when PC is shown

Defendant on a wiretap application was only known by his nickname, and this did nothing to alter the probable cause analysis nor undermine probable cause. United States v. Santiago, 2018 U.S. App. LEXIS 27919 (7th Cir. Oct. 2, 2018) (there’s … Continue reading

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CA11: Not calling def at suppression hearing was [a founded] strategy decision

Defense counsel’s decision not to call the defendant or other witnesses at a suppression hearing was a strategy decision not subject to second guessing except in extraordinary circumstances. Defense counsel concluded they lacked credibility. Here, defendant testified at trial to … Continue reading

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S.D.Ga.: Being bumped by a police car and fleeing three more miles wasn’t a seizure

Defendant wasn’t seized by being bumped by police car because he went another three miles without stopping. “Moreover, the Eleventh Circuit and courts across different circuits have concluded that no seizure occurs where police attempt to stop a fleeing vehicle … Continue reading

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N.D.Ill.: No IAC for not challenging CSLI without warrant before Carpenter

Defendant didn’t get ineffective assistance of counsel from defense counsel not challenging warrantless CSLI production without a warrant before Carpenter. United States v. Lewisbey, 2018 U.S. Dist. LEXIS 165566 (N.D. Ill. Sep. 27, 2018). Defendant claimed for the first time … Continue reading

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