Defendant was convicted of running a ponzi scheme from his house, and a search warrant had been executed on the records there. There was no motion to suppress filed, and he raised that in a 2255 petition claiming that his private journal had religious sentiment in it. He argued that this was a violation of self-incrimination, and apparently a violation of the First Amendment. As to self-incrimination, that\u2019s a dead argument since Fisher v. United States. The argument is meritless, and defense counsel can\u2019t be ineffective for raising a meritless claim. Johnson v. United States, 2012 U.S. Dist. LEXIS 182843 (W.D. Va. December 28, 2012).*<\/p>\n
The trial court\u2019s credibility determination that defendant consented to a search during a traffic stop was affirmed on appeal. State v. Scott<\/a>, 2012 Tenn. Crim. App. LEXIS 1087 (December 28, 2012).*<\/p>\n","protected":false},"excerpt":{"rendered":" b2evALnk.b2WPAutP Continue reading