Category Archives: Ineffective assistance

D.Nev.: Court order for cell phone detail information under 18 U.S.C. § 2703(d) requires only RS

A court order for cell phone detail information under 18 U.S.C. § 2703(d) requires only reasonable suspicion, following In re Applications of the United States of Am. for an Order Pursuant to 18 U.S.C. § 2703(d), 206 F. Supp. 3d … Continue reading

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TN: Argument “the rule” of witness exclusion of Rule 615 at suppression hearing has to be made in trial court

Defendant didn’t preserve for appeal his argument that the suppression hearing court allowed witnesses to sit in the rehearing of the suppression hearing because he didn’t make it to the trial court. At any rate, the transcripts of the hearing … Continue reading

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IN: Def’s backpack would have been searched anyway, so inevitable discovery applied

Inevitable discovery applied to the search of defendant’s backpack. He was arrested, and the search would have occurred as a result of that. The merits of defendant’s search claim is thus moot. Winborn v. State, 2018 Ind. App. LEXIS 133 … Continue reading

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D.Neb.: Unwarned questioning about control of a bedroom wasn’t custodial

UnMirandized questioning about defendant’s control of a bedroom was a close call, but not found not custodial. “This case presents a close call. On balance, the Court concludes that under Muniz and Fleck and the circumstances of this case, Sergeant … Continue reading

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IL: Def’s actions after stop to inquire rose to RS

Police encountered defendant and others in a car in a neighborhood where it didn’t seem to belong. The officers pulled up next to their car and talked. Based on furtive movements, the officer believed that defendant had a gun he … Continue reading

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D.Neb.: Def’s Franks IAC claim fails for lack of any allegations of fact

“Lloyd makes four claims of ineffective assistance of counsel. Those claims border on the ridiculous.” As to his Fourth Amendment IAC claim for not making a Franks challenge, he alleges nothing was false. United States v. Lloyd, 2018 U.S. Dist. … Continue reading

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Cal.: Cal.’s initiated DNA act constitutionally requires DNA sampling from those charged with serious felonies

California’s initiated DNA collection act requiring DNA sampling of those charged with serious felonies applies to defendant’s arson arrest. He refused to provide a sample on booking and was convicted of a misdemeanor offense. The California statute is not exactly … Continue reading

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NJ: Vehicle SW doesn’t sanitize the prior illegal stop or shift the burden to defense

A later issued search warrant doesn’t retroactively justify a stop the defense showed to be without a legal basis. The state carried the burden of proof throughout, and it could not shift the burden to the defense by the issuance … Continue reading

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NY1: Cross-exam of police officers’ alleged deficient investigation opened door to CI’s information

Defendant’s cross-examination of officers on the alleged lack of quality of their investigation opened the door to why they were there, the CI’s story. The trial court mitigated the prejudice by a limiting instruction. People v. Brown, 2018 NY Slip … Continue reading

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CA9: Shell casings in front of house corroborated shooting call police received then def “blatantly lied” about somebody else in house

Police received a call about an emergency at defendant’s house. Once there, defendant came outside and promptly lied about anybody else being inside because they’d seen somebody just enter, and there were shell casings in the front yard corroborating that … Continue reading

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ND: Hot pursuit into a garage to make an arrest was reasonable

Hot pursuit into a garage to make an arrest was reasonable. City of Bismarck v. Brekhus, 2018 ND 84, 2018 N.D. LEXIS 88 (Mar. 22, 2018). Defendant’s second post-conviction petition was essentially an attempt to relitigate his first one on … Continue reading

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W.D.Okla.: State habeas direct 4A attack on conviction barred

This habeas petition directly attacked the state search and seizure and that’s barred by Stone v. Powell. West v. Bryant, 2018 U.S. Dist. LEXIS 47497 (W.D. Okla. Mar. 23, 2018).* State habeas petitioner’s effort for a successor habeas petition is … Continue reading

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