Category Archives: Ineffective assistance

IA: Def plead guilty and later overruling of case law suggested the stop was unreasonable; no IAC claim on direct appeal

An LPN check showed the 77 year old owner of the car had an expired DL. When the officer encountered the driver, it was obviously not the owner because of age. It was the owner’s daughter. The officer shortly determined … Continue reading

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PA: A def’s “admission transmitted through an informant is only as reliable as its conduit is trustworthy”

“[A]n admission per se is inherently reliable evidence” sufficient to establish probable cause to arrest, but holding that “an admission transmitted through an informant is only as reliable as its conduit is trustworthy.” Commonwealth v. Stokes, 480 Pa. 38, 389 … Continue reading

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D.Mont.: Possession of a camera phone was violation of release conditions and justified PO search

Defendant had a release condition to stay away from children, but he babysat two and he let them use his cell phone connected to his computer. This was reasonable suspicion for a search of the cell phone and computer for … Continue reading

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M.D.La.: A couple of pills in the car not easily identifiable as controlled substances didn’t justify a search

Defendant’s frisk was justified by reasonable suspicion. The search of his person, however, was not justified: Some pills in the car that weren’t easily identified as controlled substances does not mean that defendant was committing a crime. United States v. … Continue reading

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IA: Where IAC claims based on persuading for overruling of settled law, def counsel hardly ineffective

Defendant’s argument on post-conviction that defense counsel should have argued for overruling of state authority on the search incident and automobile exception doctrines because of subtle changes in the law isn’t grounds for post-conviction. All that shows is that the … Continue reading

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C.D.Ill.: Long term borrower of car has standing

One who borrows a car for a long time has standing. “And the Court is persuaded that society is prepared to accept as reasonable a person’s subjective expectation of privacy in a car borrowed for months on end from a … Continue reading

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CA1: Successor 2255 for cell phone search prior to Riley denied

Defendant sought a successor 2255 habeas petition on the ground his lawyer failed to properly litigate a cell phone search issue before Riley was even decided. Denied: no showing of prejudice. In re Conroy, 2014 U.S. App. LEXIS 25139 (1st … Continue reading

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W.D.Va.: Not moving to suppress wasn’t IAC where he wasn’t charged with the stuff from the alleged illegal search

Defendant in his 2255 could not show that defense counsel was ineffective for not moving to suppress drugs that never formed the basis of a charge against him. He was arrested for prior offenses, and then he gave up drugs … Continue reading

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Cal.1: Telling def to keep hands out of pockets and move to sidewalk was not a seizure

Defendant was not detained when officers asked him to keep his hands out of his pockets and to step onto the sidewalk. The encounter did not become a detention until the officers used force to grab defendant’s arm and told … Continue reading

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TN: Procedural errors in handling the paperwork of a SW after execution are overlooked if no prejudice

Alleged mishandling of the paperwork on a search warrant for new DNA in a cold case hit could have resulted in a motion to suppress, but it’s not obvious that it would be granted because procedural defects in the return … Continue reading

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