ID: In a search and seizure IAC claim, if def would lose on merits of search, he fails both prongs of Strickland

In an IAC claim involving a search claim, the trial court can determine the merits of the search claim. If the defendant would lose, he then loses both prongs of the Strickland standard. Remanded for making findings. Padilla v. State, 2014 Ida. App. LEXIS 132 (December 23, 2014):

In a post-conviction proceeding challenging an attorney’s failure to pursue a motion in the underlying criminal action, the district court may consider the probability of success of the motion in question in determining whether the attorney’s inactivity constituted incompetent performance. Boman v. State, 129 Idaho 520, 526, 927 P.2d 910, 916 (Ct. App. 1996). Where the alleged deficiency is counsel’s failure to file a motion, a conclusion that the motion, if pursued, would not have been granted by the trial court, is generally determinative of both prongs of the Strickland test. Boman, 129 Idaho at 526, 927 P.2d at 916.

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Furthermore, even though Padilla’s amended petition and testimony at the evidentiary hearing addressed the failure to file a motion to suppress theory, the district court did not make findings of fact or conclusions of law relating to this theory, except to say that the evidence would have been admissible even if the investigatory stop were unlawful. Thus, we remand the case to the district court to make the requisite factual findings. With these factual findings, the district court may also make conclusions of law including (a) whether it would have been objectively reasonable for defense counsel to file a motion to suppress, arguing that officers lacked reasonable suspicion under the totality of the circumstances, and (b) whether there is a reasonable probability that the outcome of the proceedings would have been different had counsel filed a motion to suppress.

IV. CONCLUSION

The district court erred when it determined that evidence would have been admissible, even if the investigatory stop were unlawful. However, the district court did not make factual findings or conclusions of law relevant to determine whether defense counsel provided ineffective assistance of counsel by failing to file a motion to suppress. Therefore, we vacate the judgment denying Padilla post-conviction relief, and remand the case to the district court for further proceedings consistent with this opinion.