M.D.Fla.: IAC for failure to investigate 4A claim fails for lack of merit on search claim

“Johnson challenges his counsel’s investigation of the charged crime and his counsel’s failure to investigate the officer involved in the search warrant, surveillance, and collection of evidence. An allegation of ‘inadequate investigation does not warrant habeas relief absent a proffer of what favorable evidence or testimony would have been produced.’ Beaver v.Thompson, 93 F.3d 1186, 1195 (4th Cir. 1996). Beyond general allegations that the police ‘tainted his case,’ Johnson does not identify what the favorable evidence or testimony would have been. Accordingly, counsel did not render deficient performance in not pursuing Johnson’s speculative claims. See id. at 1196.” Johnson v. United States, 2020 U.S. Dist. LEXIS 195481 (D. Md. Oct. 21, 2020).*

Two officers were involved in the stop, and the dog sniff here didn’t unreasonably extend the stop. [Factually, however, this case is substantially similar to Gates where defendant was suspected of regularly renting cars to run drugs to the Florida panhandle every couple of weeks, and that was at least reasonable suspicion.] United States v. Ingram, 2020 U.S. Dist. LEXIS 195066 (N.D. Fla. Oct. 19, 2020).*

This entry was posted in Ineffective assistance, Reasonable suspicion. Bookmark the permalink.

Comments are closed.