{"id":6795,"date":"2012-03-09T09:53:24","date_gmt":"2012-03-09T08:05:11","guid":{"rendered":""},"modified":"-0001-11-30T00:00:00","modified_gmt":"2012-03-09T08:05:11","slug":"en-US","status":"publish","type":"post","link":"http:\/\/fourthamendment.com\/?p=6795","title":{"rendered":"N.D.Ga.: Potential IAC rejected as “good cause” to reopen waived suppression motion"},"content":{"rendered":"

Former defense counsel waived the suppression motion and hearing on the ground that it was done by private action. Second successor counsel wants to raise the issue anew on the eve of trial, and it is denied. United States v. Onyekaba, 2011 U.S. Dist. LEXIS 153919 (N.D. Ga. October 21, 2011). Even the \u201cgood cause\u201d claim in Rule 12(e)<\/a> that former defense counsel would be ineffective for waiving wasn\u2019t good enough, and led to footnote 8:<\/p>\n

8 To the extent defendant is arguing ineffective assistance of counsel as “good cause” to “hear these motions now, rather than in a future 28 U.S.C. \u00a7 2255 proceeding,” [Doc. 148 at 4], this argument is misplaced. Indeed, ineffective assistance claims raised for the purpose of showing “good cause” under Rule 12(e) are “not ripe for review” and “are best brought by a defendant in a post-conviction proceeding under 28 U.S.C. \u00a7 2255 so that the parties can develop an adequate record on the issue.” United States v. Jones, No. 3:07-CR-162, 2009 WL 1471807, at *4 (E.D. Tenn. May 27, 2009) (rejecting defendant’s argument that he has shown good cause to excuse the waiver due to the alleged ineffective assistance of his prior attorney); see also United States v. Lopez-Medina<\/a>, 461 F.3d 724, 738-39 (6th Cir. 2006) (finding defendant’s “ineffective assistance claim is not ripe for review, and [defendant] therefore, cannot, at this point, demonstrate ‘good cause’ to excuse his waiver under Rule 12(e)”).<\/p><\/blockquote>\n

Reading between the lines in this case, I\u2019d think that the defendant was insisting on raising this search issue despite the court\u2019s summary which shows it woefully inadequate. Defendant was arrested for shoplifting in a Macy\u2019s store by store security. On him were three credit cards that didn\u2019t belong to him. They called police who stopped the car he was in for a traffic stop, and the codefendants were arrested. The full details aren\u2019t given, but it appears that something came from the traffic stop and there\u2019s at least the appearance that the vehicle was not his; hence a standing problem. Therefore, one might conclude that this was the USMJ\u2019s way of brushing off a motion to suppress that was doomed anyway. We all know clients know more about the Fourth Amendment from their friends than from us.<\/p>\n","protected":false},"excerpt":{"rendered":"

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