N.D.Ohio: Not IAC to not raise every suppression issue def wants

Defense counsel had the discretion not to make every argument defendant wanted on a suppression motion. “It is well within counsel’s constitutional discretion to make the decision to raise or not raise certain arguments at a suppression hearing. That counsel did not make the specific arguments suggested by Petitioner is not a constitutional error. Petitioner has made no colorable argument that raising any of these arguments would have changed the outcome of the suppression/in limine hearing.” And would those omitted arguments have prevailed? United States v. Sullivan, 2021 U.S. Dist. LEXIS 248956 (N.D.Ohio Dec. 27, 2021).*

There was reasonable suspicion for defendant’s detention, so the motion to dismiss his fleeing charge was properly denied. State v. Thompson, 2022-NCCOA-6, 2022 N.C. App. LEXIS 6 (Jan. 4, 2022).*

Defendant did not violate the law by flashing his headlights at oncoming officers with their highbeams on. His stop lacked reasonable suspicion, so his aggravated DUI conviction is reversed. State v. Gardner, 2022 MT 3, 2022 Mont. LEXIS 2 (Jan. 4, 2022).*

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

Comments are closed.