Daily Archives: December 16, 2018

CA2: 4A IAC claim not to be decided on direct appeal; not ripe

Alleged ineffective assistance claim of government’s obtaining a second DNA sample isn’t going to be considered on direct appeal. Bring it in a 2255. United States v. Lee, 2018 U.S. App. LEXIS 35221 (2d Cir. Dec 14, 2018). The legality … Continue reading

Posted in Ineffective assistance | Comments Off on CA2: 4A IAC claim not to be decided on direct appeal; not ripe

MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed

Massachusetts interprets its state constitution to provide greater protection in the home than the Fourth Amendment. Thus, when the police come to a house without an arrest warrant, they can’t use the likelihood they will create an exigency for an … Continue reading

Posted in Arrest or entry on arrest, Emergency / exigency, State constitution | Comments Off on MA: Under state const., police created exigency by attempted warrantless arrest at home suppressed