Daily Archives: July 4, 2017

Army CCA: Def showed IAC from defense counsel’s decision to forgo a motion to suppress; failure to show nexus was unreasoned and entitled to no Strickland deference

Defendant on post-conviction showed that trial defense counsel’s decision to forgo a motion to suppress for failure to show nexus was unreasoned and entitled to no Strickland deference. United States v. Close, 2017 CCA LEXIS 432 (Army Ct. Crim. App. … Continue reading

Posted in Ineffective assistance, Nexus | Comments Off

OH1: Apparent authority shown for third party consent to search of def’s bedroom

Consent was granted by someone the police reasonably believed had apparent authority to consent to a search of defendant’s bedroom [no facts given to see how there's third party consent to a bedroom, so this is immediately suspect]. State v. … Continue reading

Posted in Apparent authority, Consent | Comments Off

CAAF: Attenuation not shown and ER applies: officer conducted ‘unwise, avoidable, and unlawful’ investigation and arrest

Defendant’s arrest was unlawful and the government failed to show attenuation. “However, we do not think it necessary that the agent’s misconduct be outrageous for the third factor in Brown to apply. Though there is no evidence of bad motive … Continue reading

Posted in Attenuation | Comments Off