Category Archives: Ineffective assistance

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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OH8: When on probation for bestiality, the Humane Society can conduct probation searches

Defendant was on misdemeanor probation for bestiality with a dog. He was subject to probation searches on reasonable suspicion for whether or not he had pets in the house, and the Animal Protection League (APL) is a part of the … Continue reading

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W.D.Pa.: State court’s resolution of consent issue wasn’t “unreasonable application” of precedent in 2254 proceeding

The state court’s resolution of the consent to search issue was not an “unreasonable application” of precedent in a 2254 proceeding. “In order to overcome AEDPA’s standard of review, Petitioner must show that the state court’s decision ‘cannot reasonably be … Continue reading

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Army: Def’s housing was under control of the Ft. Benning Cmdr and the search authorization was valid

The search authorization by the base commander was issued with probable cause. Defendant’s housing in a separate property with Ft. Benning was part of the base and was a sub-property of the Ranger school. The commander’s authority extended to it, … Continue reading

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TN: IAC claim re SW fails because SW isn’t in appellate record

Defendant’s ineffective assistance of counsel claim about defense counsel’s handling of an alleged defective search warrant claim couldn’t be considered on appeal where nobody put the search warrant in the appellate record. Holland v. State, 2019 Tenn. Crim. App. LEXIS … Continue reading

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ND: Refusal for BAC test came after SW and not from impled consent law

Defendant’s refusal for a BAC test didn’t come until after a warrant issued, and the implied consent law wasn’t material. State v. Nice, 2019 ND 73, 2019 N.D. LEXIS 65 (Mar. 13, 2019). Defendant moved to set aside his plea … Continue reading

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CA9: Parole search ability extends to trunk of car

A parole search of the trunk of a car is still an area under the control of the defendant and subject to the search. And, CSLI before Carpenter is admissible. United States v. Korte, 2019 U.S. App. LEXIS 7672 (9th … Continue reading

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MN: A blood sample in a lab is not “information” within the physician-patient privilege statute

A blood sample in a lab is not “information” within the physician-patient privilege statute. The state sought a search warrant for the blood sample. State v. Atwood, 2019 Minn. LEXIS 122 (Mar. 13, 2019). “[B]y the time Defendant complied with … Continue reading

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M.D.N.C.: Lack of explanation of how IAC search claim would have prevailed is insufficient

2255 argument that defense counsel was ineffective for not arguing a search issue fails for not elaborating on what that argument should have been and for not including the search warrant materials. Byrd v. United States, 2019 U.S. Dist. LEXIS … Continue reading

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