NE: Failure to show any prejudice in 4A IAC claim doomed post-conviction case

Defense counsel at trial didn’t object to a search. Appellate counsel attempted to argue it but it was waived. Post-conviction counsel doesn’t even attempt to show prejudice from the failure of trial counsel. Affirmed. State v. Assad, 304 Neb. 979 (Feb. 7, 2020).

Defendants came from Michigan to North Dakota and stayed in a motel for nine days, renewing daily on the internet and not in person. Hotel staff reported their own suspicions defendants were drug dealers to the police. The police experience was that people would come from Michigan with Oxys for resale in ND, and the hotel stay was indicative of awaiting money. The officer involved had executed two search warrants at the same motel that fit that scenario resulting in seizure of Oxys from people from Michigan. Locals frequenting the room for minutes later detained were known Oxy users. This was an adequate showing for probable cause for a search warrant. United States v. Sinnawi, 2020 U.S. Dist. LEXIS 22161 (D.N.D. Feb. 7, 2020).*