LA2: IAC claim was fact intensive and denied w/o prejudice to pursue in post-conviction

“After reviewing this record, we find that the issue of ineffective assistance of counsel is not adequately developed in the record and would be more properly raised in an application for PCR. The defendant’s contention that the recording is inadmissible is based upon his assertion that it was recorded while he was being held in the patrol car without probable cause. Whether the defendant was being detained without probable cause is a fact-intensive inquiry and such an inquiry is missing from the record in this case. See State v. Miller, 2000-1657 (La. 10/26/01), 798 So. 2d 947.” State v. Wooten, 2018 La. App. LEXIS 232 (La. App. 2 Cir. Feb. 13, 2018).

Defendant’s 2255 ineffective assistance of counsel claim that the warrantless search of his home while he was on federal supervised released was raised on the merits before conviction, he lost, and he appealed. It can’t be raised again. United States v. Hilton, 2018 U.S. Dist. LEXIS 22952 (E.D. Mich. Feb. 13, 2018).*

This entry was posted in Ineffective assistance. Bookmark the permalink.

Comments are closed.