DE: Def counsel not ineffective for not forecasting Jones GPS case

“Because the Court will not find trial counsel ineffective for failing to ‘effectively’ raise an issue of first impression [on GPS placement], and because the Court believes that even if he had done so effectively, the issue would not have been decided in his favor and he therefore suffered no prejudice, the Court concludes that Defendant’s … claim for relief must be denied.” Lewis v. State, 2022 Del. LEXIS 22 (Jan. 20, 2022).*

Defendant failed to raise his Fourth Amendment claim in state court when he could have, so it’s barred by Stone. Anthony v. S.C. Dep’t of Prob., 2021 U.S. Dist. LEXIS 251148 (D.S.C. Dec. 10, 2021).*

In petitioner’s state court PCR case, he asserted an ineffective assistance of counsel claim for failure to argue lack of nexus, and his claim was decided on the merits of nexus. That’s a reasonable application of Strickland under 2254. Shauf v. Marsh, 2022 U.S. Dist. LEXIS 9892 (M.D.Pa. Jan. 19, 2022).*