Daily Archives: December 12, 2018

M.D.Tenn.: Def was sitting in car on friend’s curtilage visiting the friend, and officer violated curtilage to look in car window

Defendant was in his car on another person’s curtilage when he was there to visit. The officer’s walking up to the car on the curtilage of the owner to look in defendant’s car window violated the Fourth Amendment. United States … Continue reading

Posted in Curtilage | Comments Off on M.D.Tenn.: Def was sitting in car on friend’s curtilage visiting the friend, and officer violated curtilage to look in car window

W.D.Wash.: 4 month delay in producing evidence from iPod doesn’t warrant dismissal

The fact something was extracted from defendant’s iPod in April but not turned over to the defense until August isn’t a ground to dismiss. United States v. Taylor, 2018 U.S. Dist. LEXIS 206364 (W.D. Wash. Dec. 7, 2018). There was … Continue reading

Posted in Probable cause, Warrant execution | Comments Off on W.D.Wash.: 4 month delay in producing evidence from iPod doesn’t warrant dismissal

CA6: 2255 argument that def counsel didn’t make “best arguments for suppression” fails; he’d still lose

“Maurice Carter pled guilty to a variety of sex crimes and received a twenty-year prison sentence. He now petitions for habeas relief. Carter alleges his attorneys were constitutionally ineffective for failing to make the best arguments for suppression of key … Continue reading

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CA6: Def’s IAC argument that suppression argument could have been better made fails because it wouldn’t prevail in any event

“Maurice Carter pled guilty to a variety of sex crimes and received a twenty-year prison sentence. He now petitions for habeas relief. Carter alleges his attorneys were constitutionally ineffective for failing to make the best arguments for suppression of key … Continue reading

Posted in Franks doctrine, Ineffective assistance | Comments Off on CA6: Def’s IAC argument that suppression argument could have been better made fails because it wouldn’t prevail in any event