OH8: Defense counsel made logical choice to forego suppression for benefit to merits of case

Defense counsel made a logical choice to exploit certain facts from the search in defense on the merits. “Given the tumultuous relationship between Lucas and Parker, given the fact that she shot at him through a door, given his admitted anger on July 5, that she would not prosecuted, and given the evidence of a gunshot into her bedroom, it is understandable that appellate counsel would decide in the exercise of professional judgment not argue the issue of probable cause for the search warrant. Obtaining evidence of where Lucas was in the early morning of July 7, 2016, would help determine whether he did or did not commit the crime.” [Aside from the fact it was frivolous.] State v. Lucas, 2021-Ohio-437, 2021 Ohio App. LEXIS 436 (8th Dist. Feb. 17, 2021) (see § 60.19, “Not all illegally seized evidence needs to be suppressed. It might be important to the defense case.”).

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