WA: Def counsel likely ineffective for not moving to suppress seizure of attorney-client materials from jail cell

Defendant showed potential for prejudice for defense counsel’s failure to file a motion to dismiss a jail search that recovered materials the defendant was preparing for defense counsel and thus protected by attorney-client privilege. Remanded for a hearing. In re Pers. Restraint Of Amos, 2017 Wash. App. LEXIS 2818 (Dec. 12, 2017).

Defendant’s cell phone was apparently legally searched without a warrant after his August 2007 arrest. He couldn’t argue on post-conviction that Riley applied to him when it wasn’t decided until 2014, and defense counsel couldn’t be faulted for not arguing it. Fusco v. State, 2017 Tenn. Crim. App. LEXIS 1022 (Dec. 11, 2017).

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