Category Archives: Ineffective assistance

W.D.Va.: Def counsel’s decision not to pursue a motion to suppress was reasonable and designed to prevent superseding indictment with higher MM

Defense counsel’s decision not to pursue a motion to suppress was reasonable under the circumstances. Defendant was already facing a 60 month minimum. The government made clear that they had additional counts they could bring but wouldn’t if the defense … Continue reading

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N.D.Ind.: Court can’t exclude for knock-and-announce failure

Failure to properly knock-and-announce is foreclosed as a reason for exclusion under Hudson v. Michigan. United States v. Calligan, 2018 U.S. Dist. LEXIS 173193 (N.D. Ind. Oct. 9, 2018). 2255 petitioner was not prejudiced by defense counsel’s failure to challenge … Continue reading

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TX: No IAC for def counsel not forecasting change in 4A law

Defense counsel was not ineffective for not forecasting McNeeley before defendant’s guilty plea. “When a defendant waives the right to have a jury determine guilt or innocence and admits or does not contest guilt, the defendant does so under the … Continue reading

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CA7: In a wiretap application, only def’s nickname was sufficient when PC is shown

Defendant on a wiretap application was only known by his nickname, and this did nothing to alter the probable cause analysis nor undermine probable cause. United States v. Santiago, 2018 U.S. App. LEXIS 27919 (7th Cir. Oct. 2, 2018) (there’s … Continue reading

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CA11: Not calling def at suppression hearing was [a founded] strategy decision

Defense counsel’s decision not to call the defendant or other witnesses at a suppression hearing was a strategy decision not subject to second guessing except in extraordinary circumstances. Defense counsel concluded they lacked credibility. Here, defendant testified at trial to … Continue reading

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S.D.Ga.: Being bumped by a police car and fleeing three more miles wasn’t a seizure

Defendant wasn’t seized by being bumped by police car because he went another three miles without stopping. “Moreover, the Eleventh Circuit and courts across different circuits have concluded that no seizure occurs where police attempt to stop a fleeing vehicle … Continue reading

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N.D.Ill.: No IAC for not challenging CSLI without warrant before Carpenter

Defendant didn’t get ineffective assistance of counsel from defense counsel not challenging warrantless CSLI production without a warrant before Carpenter. United States v. Lewisbey, 2018 U.S. Dist. LEXIS 165566 (N.D. Ill. Sep. 27, 2018). Defendant claimed for the first time … Continue reading

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N.D.Ohio: Parole officers’ clinical reports didn’t have any of the added color at the suppression hearing, so the court doesn’t credit their testimony

“Based upon the totality of the circumstances and the Court’s assessment of the credibility of the parole officers, the Court finds that the [parole authority] lacked reasonable suspicion to search Neff’s cell phone. The results of the search, therefore, must … Continue reading

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N.D.Okla.: Arrest inside the door permitted protective sweep

The arrest of the codefendant inside house permitted a protective sweep. United States v. Jones, 2018 U.S. Dist. LEXIS 166347 (N.D. Okla. Sep. 27, 2018). “These nine ineffective assistance of counsel claims are properly evaluated under the Strickland standard, meaning … Continue reading

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IA: No IAC for not challenging evidence obtained in another state where state law was more defense favorable; can’t show outcome would be different

Defendant was arrested in Nebraska, and Iowa authorities sought his DNA there to connect him to an Iowa crime. Nebraska’s standard for obtaining DNA is less demanding. He can’t show on post-conviction that defense counsel was ineffective for not challenging … Continue reading

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E.D.Mo.: Of course the SW was signed, so def counsel wasn’t ineffective for not raising it

“Eason’s counsel was not ineffective for failing to allege that the search warrant was not signed by the affiant because the Court’s records clearly demonstrate that it was. Had that not been the case, the Court who carefully examined the … Continue reading

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CA3: Govt agreed that SW materials could be released in terrorism case, but not plea agreement; no abuse of discretion in keeping plea papers sealed

In a terrorism case, the government agreed that search warrant materials could be unsealed, but resisted disclosure of plea agreements and plea related materials. They were presumptively open records at common law and the First Amendment, but the government made … Continue reading

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