E.D.Ky.: Failure to cross-examine at trial on some contradictions from SW affidavit was not IAC

Defendant’s 2255 ineffective assistance of counsel claim in part challenged defense counsel’s failure to cross-examine over contradictions in a search warrant affidavit by the witness. The government doesn’t address this, and assuming it was defective performance, the court finds a lack of prejudice on the case as a whole. Crossing on that wouldn’t have mattered considering the officer’s role in the case and other testimony. United States v. Duerson, 2023 U.S. Dist. LEXIS 32790 (E.D. Ky. Feb. 2, 2023).

Even if there was no probable cause for a search of the person, a frisk would have occurred so inevitable discovery applies. United States v. Williams, 2023 U.S. App. LEXIS 4949 (9th Cir. Mar. 1, 2023).*

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