Category Archives: Ineffective assistance

CA11: Def counsel wasn’t ineffective for not pursuing suppression motion after def admitted facts showing no standing

Defense counsel wasn’t ineffective for not adequately pursuing defendant’s motion to suppress because defendant admitted to counsel facts after the motion was filed that he had no standing at all. He provided that address as his address, but he was … Continue reading

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CA6: New evidence in civil case to impeach officers’ prior suppression hearing testimony isn’t ground for a successor 2255

2255 petitioner filed a successor petition alleging that a civil case he filed developed impeachment material that would undermine the original probable cause finding. This isn’t new evidence of innocence for a successor petition. In re Mohammed, 2018 U.S. App. … Continue reading

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CA9: Claim that SW was defective on face wasn’t preserved in district court

The specific argument the search warrant was defective on its face wasn’t encompassed within the motion to suppress, so it’s waived for appeal. United States v. Robinson, 2018 U.S. App. LEXIS 14097 (9th Cir. May 29, 2018). The basis of … Continue reading

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AZ: Trial court didn’t make finding on Strickland IAC prejudice for failure to argue curtilage; remanded

Defense counsel deliberatedly didn’t make a claim officers violated curtilage in their initial entry to defendant’s property. The first search warrant application was rejected by one judge. The affidavit was redrafted with additional facts and presented to a second judge … Continue reading

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N.D.Ohio: Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it

Merely alleging the affiant never appeared before the issuing magistrate to sign it is nothing without proof to support it. The warrant says the affiant did. United States v. Oliver, 2018 U.S. Dist. LEXIS 85865 (N.D. Ohio May 22, 2018). … Continue reading

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M.D.Fla.: No prejudice for IAC where alleged 4A violation produced nothing for trial

One of defendant’s 2255 claims involved a search of a gun safe that had nothing of evidentiary value in it. It didn’t matter at trial, was a “red herring,” and there could be no prejudice. Belitsky v. United States, 2018 … Continue reading

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KS: Car search had PC, so trial court erred in suppressing

The trial court erred in suppressing the search of the car. There was probable cause for a search for drugs, and that allowed the officer to search anywhere drugs would be found. State v. Knight, 2018 Kan. App. LEXIS 28 … Continue reading

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IL: Direct appeal record isn’t adequate to determine IAC claim on failure to litigate consent search

The record doesn’t show the reason for waiving a Fourth Amendment claim against a consent search and whether a motion to suppress would have been granted if litigated. A collateral proceeding is the place to do it. People v. Williamson, … Continue reading

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E.D.Mich.: No IAC where suppression motion wouldn’t be granted

Defense counsel wasn’t ineffective for not moving to suppress cell phone records in 2014 because that motion would not be granted. United States v. Scott, 2018 U.S. Dist. LEXIS 78666 (E.D. Mich. May 10, 2018).* The CI’s information was corroborated … Continue reading

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E.D.Va.: Def could be seized under the SW for the business searched when he was found near the door heading in

The narcs timed execution of a search warrant for when defendant’s heroin dealer would arrive. He was near the front door when the police arrived, and he could be detained under Summers and Bailey. United States v. Jones, 2018 U.S. … Continue reading

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CA5: Automobile exception applied; although def was handcuffed, wife showed up acting somewhat belligerently

Defendant was in custody, handcuffed and on the ground, but his wife showed up acting somewhat belligerent. Her presence satisfied exigency for the car search. United States v. Beene, 2018 U.S. App. LEXIS 11400 (5th Cir. May 2, 2018). Defense … Continue reading

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WA: SW for firearms in house permitted forcing open gun safe

A search warrant for firearms necessarily includes the ability of the police to open a gun safe found in the place to be searched, even though the officer was aware there might be a gun safe and it wasn’t specifically … Continue reading

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