Category Archives: Ineffective assistance

CA5: 4A IAC for not challenging search doesn’t avoid deportation

“Even if these arguments pose a constitutional claim that we may review, the IJ and BIA did not abuse their discretion in denying Trevino’s motion to reopen on the basis that his guilty plea was invalid due to ineffective assistance … Continue reading

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TX3: Littering supports a stop

Littering by tossing a cigarette supports a stop. Two statutes apply when it’s something burning: one if a fire results, one if not. This was the latter. Defendant was found DWI. State v. Wood, 2019 Tex. App. LEXIS 4215 (Tex. … Continue reading

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GA: Giving computer password out gives recipient apparent authority to consent

Giving one’s wife the password to the computer showed that she had apparent authority to consent to its search. Massey v. State, 2019 Ga. App. LEXIS 267 (May 21, 2019). Defense counsel wasn’t ineffective for not pursuing a motion to … Continue reading

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OH11: Pre-Carpenter CSLI was lawfully obtained in good faith

Defendant’s cell tower location information was obtained by subpoena before Carpenter. The good faith exception means it won’t be excluded. State v. Burke, 2019-Ohio-1951, 2019 Ohio App. LEXIS 2021 (11th Dist. May 20, 2019). Defense counsel wasn’t ineffective for withdrawing … Continue reading

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No 4A IAC where motion to suppress couldn’t prevail

Defense counsel wasn’t ineffective for not filing a motion to suppress an alleged consent search where defendant admitted to counsel that he’d consented. It is not “mandatory” that defense counsel file a motion under that circumstance. State v. Martinez-Melgar, 2019 … Continue reading

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E.D.Wis.: In camera submissions to rebut Franks claim should have had a hearing

An in camera submission of materials to rebut defendant’s Franks claim required a hearing. Defendant was entitled to see it and then respond. United States v. Lewis, 2019 U.S. Dist. LEXIS 81937 (E.D. Wis. May 15, 2019). Which begs the … Continue reading

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CA11: Petitioner’s 2255 fails for speculation and then lack of showing of prejudice

Petitioner’s 2255 fails for speculation and then lack of showing of prejudice. “First, Mathis asserted that counsel was ineffective for failing to fully investigate the forensic evidence to discover that his cell phone had been accessed by law enforcement prior … Continue reading

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E.D.Pa.: Pro se ptf stated claim for abusive strip search in jail

Pro se prison plaintiff stated a claim for a strip search for in an improper purpose at least at the pleading stage. He also states a retaliation claim that another search occurred where the defendant referred to the lawsuit in … Continue reading

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N.D.Cal.: Strickland prejudice is subject to harmless error review

The state court post-conviction resolution of this case under § 2254 review was not unreasonable. Even if defense counsel had moved for suppression of evidence he’d stipulated to, the outcome wouldn’t have changed because of the overwhelming other evidence of … Continue reading

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CO: Age is a factor in the voluntariness of consent; here a juvenile

Age is a factor in the voluntariness of consent. Here, it was a juvenile and the evidence supports the finding of consent. People in interest of B.D., 2019 COA 57, 2019 Colo. App. LEXIS 553 (Apr. 18, 2019). The only … Continue reading

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TN: Without affidavit for SW being in record, search issues waived

“Because the affidavit is not part of the record and because the Defendant includes no argument regarding the validity of the search warrant, we consider any challenge to the search conducted pursuant to the search warrant waived.” State v. Green, … Continue reading

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DE: Vague CI information and lack of nexus to def’s home required suppression

There was no substantial basis for a finding of probable cause for this search warrant. Not only were the credibility and reliability of the informant questionable, but the tip was overly broad and made no mention of defendant’s residence and … Continue reading

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