CA11: Failure to join in the codef’s motion to suppress is waiver

Failure to join in the codefendant’s motion to suppress is waiver. United States v. Russa, 2020 U.S. App. LEXIS 9288 (11th Cir. Mar. 25, 2020).

In a 2254 COA: “Assuming that counsel was deficient in failing to raise the plain-view argument during the suppression hearing, Morton fails to establish that reasonable jurists would debate whether the result of the proceeding would have been different if counsel had raised this argument.” There was too much wiggle room in the facts to show IAC. Morton v. Davis, 2020 U.S. App. LEXIS 9305 (5th Cir. Mar. 24, 2020).*

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