Category Archives: Ineffective assistance

CA11: Def stated enough to get a hearing on a 4A IAC claim in his 2255 action

Defendant raised a colorable claim of a Fourth Amendment violation and ineffective assistance in not pursuing it. Therefore, the district court erred in just assuming defendant would lose on any motion to suppress without a hearing. Reversed. Spriggs v. United … Continue reading

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CA9: Officer’s call to def’s PO during stop didn’t unreasonably prolong it, and PO requested search

The officer’s call to defendant’s PO during his traffic stop did not unreasonably prolong the stop. The PO separately had reasonable suspicion for a search and requested one. United States v. Seugasala, 2017 U.S. App. LEXIS 14173 (9th Cir. Aug. … Continue reading

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GA engages in de novo review of consent claim when facts aren’t in dispute

Since the facts are undisputed, the court does de novo review and finds that defendant consented to the breath test and reverses. State v. Jacobs, 2017 Ga. App. LEXIS 361 (Aug. 2, 2017). “Counsel was not ineffective in failing to … Continue reading

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DE: Driving on wrong side of road, smell of alcohol, refusing breath test, failing FST adds up to PC

There was probable cause for taking defendant’s blood from driving on the wrong side of the highway, smelling of alcohol, refusing a breath test, and failing an FST. State v. Dopirak, 2017 Del. Super. LEXIS 358 (July 24, 2017). “Dearry … Continue reading

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D.Md.: 2255 Franks IAC claim fails for not showing what the false statements were and how PC was undermined

Defendant’s 2255 Franks IAC claim fails for not showing what the false statements were and how probable cause was undermined. United States v. Johnson, 2017 U.S. Dist. LEXIS 112806 (D. Md. July 20, 2017). Defendant’s moving his hands around in … Continue reading

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CA9: Getting some public funds doesn’t make a private actor public

A private school ejected plaintiff and he sued on several grounds. His Fourth Amendment claim (sounds problematic on its face) is rejected because the school is not a state actor despite receiving some federal funds. Nkwuo v. Angel, 2017 U.S. … Continue reading

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N.D.Tex.: SW for apartment didn’t extend to vehicle

Search warrant for defendant’s apartment didn’t extend to his vehicle, which the government concedes. The warrantless search of the vehicle along with the apartment exceeded the warrant, and the vehicle search is suppressed. United States v. Salinas, 2017 U.S. Dist. … Continue reading

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OH7: Providing passcode to cell phone showed consent

Defense counsel didn’t provide ineffective assistance of counsel for not pursuing a motion to suppress consent to search her cell phone. Defendant verbally consented to search her home and then in writing, and then she verbally consented to the search … Continue reading

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WI: Failure to call one officer was not IAC because it wouldn’t change the outcome of suppression hearing

The record supported that defendant consented to the search of his car. The IAC claim was denied because the failure to call one of the officers would not have changed the outcome. State v. Floyd, 2017 WI 78, 2017 Wisc. … Continue reading

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W.D.Tenn.: No free standing 4A claim in 2255

2255 petitioner can’t make a free standing Fourth Amendment claim. Walker v. United States, 2017 U.S. Dist. LEXIS 104358 (W.D. Tenn. April 20, 2017).* Defendant’s post-conviction claim that the search warrant in his case were counterfeits was waived by his … Continue reading

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