NC: Failure to object in trial court to satellite monitoring of sex offender was waiver

Defendant didn’t object in the trial court to his satellite monitoring condition of his sentence as a violation of the Fourth Amendment, so it can’t be reviewed on appeal. State v. Lindsey, 2018 N.C. App. LEXIS 747 (Aug. 8, 2018).

Defense counsel did challenge the search warrant precisely as defendant in his 2255 says he didn’t. Moreover, he doesn’t allege a viable alternative with another way to do it that would have produced a better outcome. United States v. Romo, 2018 U.S. Dist. LEXIS 133591 (D. Mont. Aug. 8, 2018).*

“We also conclude that trial counsel’s performance was not deficient for failing to file a motion to suppress Petitioner’s phone records. Trial counsel made a tactical decision to not file a motion to suppress because the motion had no legal basis. As the post-conviction court noted, Petitioner failed to present a legal basis under which trial counsel could have filed the motion. Petitioner is also not entitled to relief under this ground.” Carter v. State, 2018 Tenn. Crim. App. LEXIS 591 (Aug. 8, 2018).*

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