Category Archives: Ineffective assistance

CA4: Denial of cross examination into alleged falsity in SW affidavit where the product was never used was irrelevant or harmless

The district court didn’t err in holding cross-examination about alleged falsities in a search warrant affidavit where the product of the search was never admitted at trial. Also, in light of all the proof, it was harmless at best. United … Continue reading

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N.D.Ohio: Trash pull alone isn’t enough for PC, but here there was more

A trash pull alone should not be enough for probable cause to search a house. Here, there was more of complaints of neighbors of people coming and going at all hours. “Investigators confirmed this complaint during their own surveillance of … Continue reading

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ID: State didn’t preserve independent source issue below so it can’t argue it on appeal

A motion to suppress cell phone contents was granted, and the state appealed. At trial, it cited a case without stating the holding that was an independent source case, and that’s not enough. In addition, the state didn’t litigate independent … Continue reading

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N.D.Okla.: A felon threatening somebody with a gun is nexus to believe the gun at his home

Defendant being a felon and allegedly threatening his alleged victim with a gun was nexus that he’d likely have it at home. United States v. Edwards, 2019 U.S. Dist. LEXIS 112265 (N.D. Okla. July 8, 2019). Defense counsel wasn’t ineffective … Continue reading

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CA7: Burglar had no REP in his own backpack carried in

Defendant was stopped and searched as a suspected burglar in a house he had no business being in. Because his presence was “wrongful,” he had no reasonable expectation of privacy in the backpack he carried in. United States v. Sawyer, … Continue reading

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GA: No IAC to not object to reference to SW as somehow lowering burden of proof at trial

It was not ineffective assistance of counsel to not object to a police reference to having obtained a search warrant as somehow lowering the state’s burden of proof on guilt in the trial. Franklin v. State, 2019 Ga. App. LEXIS … Continue reading

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CA11: Officers get QI for stop of apparent burglars

The defendant officers’ actions were justified and subject to qualified immunity. They were patrolling an area known for daytime burglaries and saw plaintiff lurking along the side of homes and stopped to inquire and found that one house was open. … Continue reading

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M.D.Fla.: Record supports def abandoned CD-Rom of CP

The record supports the conclusion that defendant abandoned a CD-Rom of child pornography, and defense counsel wasn’t ineffective for not pursuing it. Rogers v. Sec’y, 2019 U.S. Dist. LEXIS 107788 (M.D. Fla. June 27, 2019).* The trial court’s finding there … Continue reading

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E.D.N.C.: No IAC in foregoing motion to suppress to tamp down more bad facts and plea bargain instead

Facing a 21 U.S.C. § 851 enhancement, it was objectively reasonable strategy for defense counsel to forego a doubtful motion to suppress that would dredge up additional bad facts and make plea bargaining harder. Thomas v. United States, 2019 U.S. … Continue reading

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S.D.Ill.: No 4A claim for prison lockdown and shakedown for drugs

There is no Fourth Amendment claim available to an inmate at USP Marion for prison wide shakedowns for two days after drugs came in and the prison went into lockdown. Kammeyer v. True, 2019 U.S. Dist. LEXIS 107060 (S.D. Ill. … Continue reading

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S.D.Ind.: Def’s 2255 4A IAC claim was speculative at best and denied

Defendant claims his attorney was ineffective for failing to tell him about a possible motion to suppress, and, thus, he wouldn’t have pled guilty. The court, however, finds no facts anywhere in the case supporting even an inference there was … Continue reading

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D.Mont.: PC to arrest also justifies extension of a stop

There was probable cause to arrest, and that also justified the extension of the stop. The actual arrest doesn’t have to happen during the extension. United States v. Phillips, 2019 U.S. Dist. LEXIS 89962 (D. Mont. April 12, 2019), adopted, … Continue reading

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