{"id":33591,"date":"2018-06-26T20:31:23","date_gmt":"2018-06-27T01:31:23","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=33591"},"modified":"2018-06-26T20:31:23","modified_gmt":"2018-06-27T01:31:23","slug":"e-d-tenn-iac-claim-has-to-allege-facts-and-law-that-the-unfiled-motion-to-suppress-would-have-been-granted","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=33591","title":{"rendered":"E.D.Tenn.: IAC claim has to allege facts and law that the unfiled motion to suppress would have been granted"},"content":{"rendered":"<p>Defendant claims in his 2255 that defense counsel was ineffective for not filing a motion to suppress a search but does not even allege the grounds for it or that he would have had standing, and it appears he didn\u2019t. \u201cAs a result, his claim could be dismissed as inadequately developed.\u201d Branham v. United States, 2018 U.S. Dist. LEXIS 105676 (E.D. Tenn. June 25, 2018).<\/p>\n<p>Defendant essentially admits in pleadings that he voluntarily consented to talk to officers while not in custody and they were serving a search warrant on his house for child pornography. Therefore, counsel can\u2019t be faulted for not filing a motion to suppress. Ashlin v. United States, 2018 U.S. Dist. LEXIS 105772 (E.D. Tex. June 25, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant claims in his 2255 that defense counsel was ineffective for not filing a motion to suppress a search but does not even allege the grounds for it or that he would have had standing, and it appears he didn\u2019t. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=33591\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-33591","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33591","targetHints":{"allow":["GET"]}}],"collection":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=33591"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33591\/revisions"}],"predecessor-version":[{"id":33592,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/33591\/revisions\/33592"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=33591"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=33591"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=33591"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}