FL2: Def counsel not ineffective where search evidence not objected to had no apparent prejudice to case

Defense counsel was ineffective in not moving to suppress one piece of evidence, but defendant can’t show he was prejudiced by it on the case as a whole. Szewczyk v. State, 2022 Fla. App. LEXIS 7180 (Fla. 2d DCA Oct. 21, 2022). (I read a lot of records for IAC claims, and that’s how most of them go: even if IAC, no prejudice on the record as a whole, and then it conceivably was strategy at that point.)

When the probable cause showing is stripped of the challenged provision defendant says is false, plenty of probable cause remains. United States v. Stevens, 2022 U.S. App. LEXIS 29332 (6th Cir. Oct. 20, 2022).*

Defendant’s car was stopped on Fulton Street in traffic in Brooklyn because he was apparently asleep at the wheel. NYPD came to the car and could see marijuana vape materials in plain view, and that led to a valid automobile exception search of the car. United States v. Harris, 2022 U.S. Dist. LEXIS 192053 (E.D.N.Y. Oct. 21, 2022).*