Category Archives: Ineffective assistance

DE: IAC 4A claim requires alleging then showing that the motion to suppress not pursued would have been granted

Defendant wanted to plead guilty in his drug case at the first appearance, and defense counsel persuaded him to wait until discovery was complete. Defendant then wanted to plead, but later he claimed that defense counsel failed to consider all … Continue reading

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TN: Proving 4A IAC normally requires a witness

“‘If a petitioner alleges that trial counsel rendered ineffective assistance of counsel by failing to … file a motion to suppress … the petitioner is generally obliged to present the witness or the other evidence at the post-conviction hearing in … Continue reading

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CA5: COA granted on whether District Court should have held a hearing on IAC claim, but pet’r didn’t brief it. Affirmed.

“Our court granted Pryor a COA on one issue: whether the district court abused its discretion in denying Rule 60(b) relief from the denial of his § 2255 motion, by refusing to consider pages missing from his affidavit in opposition … Continue reading

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MA: Def counsel gave IAC for not moving to suppress cell phone data; just because it might be interesting isn’t PC

Defendant received ineffective assistance of counsel by counsel’s failure to file a motion to suppress the search of defendant’s cell phone. The affidavit for the search warrant did not establish probable cause to search the phone. The mere fact two … Continue reading

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TX13: If a motion to suppress was made under McNeely it would have been granted; def received IAC

Defense counsel’s misapprehension of the application of McNeely to blood test results was ineffective assistance of counsel. If a motion to suppress had been made, it would have been granted. Briggs v. State, 2017 Tex. App. LEXIS 10891 (Tex. App. … Continue reading

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M.D.N.C.: To credit def’s 2255 was to then show he repeatedly lied to arresting officers; denied

Defendant’s 2255 version of events was implausible because, to prevail on this claim, he’d have to admit that he repeatedly lied to the officers who interviewed him when he consented to a search of his computers. That’s reason enough to … Continue reading

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GA: Protective sweep of a house after a street fight and stabbing outside and a brief standoff with a cut def was reasonable

A protective sweep of defendant’s house right after his arrest was reasonable. Officers responded to a 911 call about a street fight and a possible stabbing. A dying victim was found in the street, and another victim was in hysterics. … Continue reading

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D.S.D.: Pinging cell phone to locate def after arrest warrant issued didn’t implicate 4A

Pinging defendant’s cell phone to locate him after an arrest warrant issued didn’t implicate the Fourth Amendment. There was also exigency from fear for safety of the CI and of destruction of evidence. United States v. Sauceda, 2017 U.S. Dist. … Continue reading

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OH8: 4A IAC claim requires defendant allege and offer proof of standing

Defendant doesn’t allege any facts to support that he had standing such that a motion to suppress would be granted. Therefore, no IAC shown. State v. Musleh, 2017-Ohio-8166, 2017 Ohio App. LEXIS 4533 (8th Dist. Oct. 12, 2017).* Defendant’s 2255 … Continue reading

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IAC claims fail because of conclusory allegations or inability to show prejudice

Defendant’s conclusory 2255 allegations of IAC fail. “Defendant does not establish that, had counsel objected to the indictment and moved to suppress evidence, that the objections and motions would have been granted and that the outcome of his trial would … Continue reading

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D.C.Cir.: Defense counsel not ineffective for not raising search issue where law was uncertain at best in jurisdiction

Counsel was not ineffective for failing to challenge evidence obtained from an electronic surveillance device (truck bug) unlawfully installed in a vehicle outside of the authorizing court’s geographic jurisdiction. In light of the deeply unsettled law on the question of … Continue reading

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OH12: SW for text messages on cell phone was particular when limited to one person’s messages

Defendant was a police officer who was suspected of sexual battery of a student ride along. There were text messages, and a search warrant was obtained for his cell phone. The lack of a time frame for the text messages … Continue reading

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