AZ: Trial court didn’t make finding on Strickland IAC prejudice for failure to argue curtilage; remanded

Defense counsel deliberatedly didn’t make a claim officers violated curtilage in their initial entry to defendant’s property. The first search warrant application was rejected by one judge. The affidavit was redrafted with additional facts and presented to a second judge who granted it. The question of Strickland prejudice of whether it mattered to the outcome wasn’t resolved below, and the case is remanded for a finding on that. State v. Smith, 2018 Ariz. App. LEXIS 87 (May 24, 2018).*

“[W]e have repeatedly held that the smell of marijuana establishes probable cause to search a vehicle.” United States v. McKinley, 2018 U.S. App. LEXIS 13676 (6th Cir. May 24, 2018).*

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