E.D.Va.: IAC search claim also requires allegation search was bad

2255 IAC claim involving a search requires an allegation that the search was invalid for some reason. This one didn’t, so counsel’s failure to file a motion essentially means there was no ground to. United States v. Smith, 2012 U.S. Dist. LEXIS 103848 (E.D. Va. July 24, 2012), R&R 2012 U.S. Dist. LEXIS 97851 (E.D. Va. July 11, 2012).

Defense counsel was not ineffective for not challenging search that was clearly a losing issue. United States v. Luke, 686 F.3d 600 (8th Cir. 2012).*

Defendant’s guilty plea waived the issue of the legality of his arrest in the Phillippines. United States v. Feldman, 879 F. Supp. 2d 231 (N.D. N.Y. 2012).*

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