TN: Proving 4A IAC normally requires a witness

“‘If a petitioner alleges that trial counsel rendered ineffective assistance of counsel by failing to … file a motion to suppress … the petitioner is generally obliged to present the witness or the other evidence at the post-conviction hearing in order to satisfy the Strickland prejudice prong.” Demarcus Sanders v. State, No. W2012-01685-CCA-R3-PC, 2013 Tenn. Crim. App. LEXIS 966, 2013 WL 6021415, at *4 (Tenn. Crim. App. Nov. 8, 2013) (citing Pylant v. State, 263 S.W.3d 854, 869 (Tenn. 2008)), perm. app. denied (Tenn. Mar. 17, 2014).’” There was no showing that the motion to suppress that wasn’t filed would have succeeded. Williams v. State, 2017 Tenn. Crim. App. LEXIS 1010 (Dec. 5, 2017). [Assume you have to try the suppression motion in the post-conviction proceeding.]

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