Defendant claims in his 2255 that defense counsel was ineffective for not filing a motion to suppress a search but does not even allege the grounds for it or that he would have had standing, and it appears he didn’t. “As a result, his claim could be dismissed as inadequately developed.” Branham v. United States, 2018 U.S. Dist. LEXIS 105676 (E.D. Tenn. June 25, 2018).
Defendant essentially admits in pleadings that he voluntarily consented to talk to officers while not in custody and they were serving a search warrant on his house for child pornography. Therefore, counsel can’t be faulted for not filing a motion to suppress. Ashlin v. United States, 2018 U.S. Dist. LEXIS 105772 (E.D. Tex. June 25, 2018).*