NY: Not IAC to not raise a novel knock-and-announce argument

Defendant’s ineffective assistance of counsel argument that defense counsel was deficient in not raising a novel argument about not following SCOTUS’s Hudson knock-and-announce case fails. No reasonable defense lawyer would have seen the need to raise it, and the merits of that issue don’t even have to be decided. People v. Hayward, 2024 NY Slip Op 05243, 2024 N.Y. LEXIS 1634 (Oct. 24, 2024).

Plaintiff’s mere mention of the Fourth Amendment on appeal wasn’t enough to make a record. City of Waco v. Page, 2024 Tex. App. LEXIS 7571 (Tex. App. – Waco Oct. 24, 2024).*

For a § 2241 habeas, the legality of defendant’s pretrial incarceration is mooted by the conviction. Swan v. Friot, 2024 U.S. App. LEXIS 26871 (10th Cir. Oct. 24, 2024).*

Defendant’s traffic stop for too much junk on the dashboard and rearview mirror is supported by the bodycam. United States v. Maldonado, 2024 U.S. App. LEXIS 26889 (2d Cir. Oct. 24, 2024).*

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