{"id":44110,"date":"2020-06-15T12:00:03","date_gmt":"2020-06-15T17:00:03","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=44110"},"modified":"2020-06-13T16:00:07","modified_gmt":"2020-06-13T21:00:07","slug":"d-md-even-if-defense-counsel-had-pursued-a-motion-to-suppress-and-won-the-proof-was-so-strong-there-was-no-strickland-prejudice","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=44110","title":{"rendered":"D.Md.: Even if defense counsel had pursued a motion to suppress and won, the proof was so strong there was no <em>Strickland<\/em> prejudice"},"content":{"rendered":"\n<p>Even if defendant on post-conviction could have shown that a motion to suppress would have been granted if made, he can\u2019t show prejudice because the proof at trial showed he almost certainly would have been convicted even without that evidence. Gill v. United States, 2020 U.S. Dist. LEXIS 103227 (D. Md. June 12, 2020).<\/p>\n\n\n\n<p>Where the defendant didn\u2019t cooperate with the officer when he came to the car window, there wasn\u2019t consent. \u201cOfficer Esterly had reasonable suspicion (based upon his observation and smell of marijuana, George&#8217;s furtive movements [reaching under seat when told to put his hands on the dash], and George&#8217;s flight) at the moment George was detained.\u201d United States v. Bernell, 2020 U.S. Dist. LEXIS 102892 (W.D. La. May 7, 2020), adopted, 2020 U.S. Dist. LEXIS 102134 (W.D. La. June 9, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Even if defendant on post-conviction could have shown that a motion to suppress would have been granted if made, he can\u2019t show prejudice because the proof at trial showed he almost certainly would have been convicted even without that evidence. &hellip; <a class=\"more-link\" href=\"http:\/\/fourthamendment.com\/?p=44110\">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":[23,35],"tags":[],"class_list":["post-44110","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44110","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=44110"}],"version-history":[{"count":1,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44110\/revisions"}],"predecessor-version":[{"id":44111,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/44110\/revisions\/44111"}],"wp:attachment":[{"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=44110"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=44110"},{"taxonomy":"post_tag","embeddable":true,"href":"http:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=44110"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}