E.D.Ky.: To claim IAC for not challenging SW, the affidavit and SW have to be in the 2255 submission or say how

“As explained in the plea agreement, the search warrant was a state warrant obtained by the Lexington Police Department. D.E. 95 at 2. The materials related to the warrant are not in the record of this case. Strickland provides no factual support for this claim. The Court cannot find a meritorious Fourth Amendment claim when Strickland points to no alleged defect in the warrant materials. Thus, this claim fails under both the factual-support rule of Blackledge and Elzy and the meritorious-claim rule of Kimmelman.” He just alleges the search was bad and doesn’t say how. United States v. Strickland, 2018 U.S. Dist. LEXIS 23432 (E.D. Ky. Jan. 22, 2018), adopted, 2018 U.S. Dist. LEXIS 23036 (E.D. Ky. Feb. 13, 2018).

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