Involving pre-Carpenter CSLI, the defense had valid strategic reasons to forego a motion to suppress to support the defense arguments at trial. “Because we hold that Thomas’s trial counsel did not perform deficiently because she had a reasonable strategic purpose for withdrawing the motion to suppress, we need not address whether her decision constituted ineffective assistance of counsel related to the merits of the underlying motion.” Thomas v. State, 2021 Ga. LEXIS 134 (Apr. 5, 2021) [see § 60.19; could have been decided on good faith alone, but wasn’t].
Carpenter isn’t retroactive to cases on collateral review. CoA denied. Bowers v. United States, 2021 U.S. App. LEXIS 9700 (11th Cir. Apr. 2, 2021).*