{"id":26080,"date":"2017-03-04T00:01:05","date_gmt":"2017-03-04T05:01:05","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=26080"},"modified":"2017-03-03T17:58:46","modified_gmt":"2017-03-03T22:58:46","slug":"ms-no-iac-for-not-pursuing-an-obvious-scriveners-error-warrant-issued-same-day-it-was-applied-for","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=26080","title":{"rendered":"MS: No IAC for not pursuing an obvious scrivener&#8217;s error; warrant issued same day it was applied for"},"content":{"rendered":"<p>The search warrant was clearly issued September 4th. The typo \u201cAug.\u201d was on some of the papers, but reading the entirety of the paperwork, it was obvious this was only a scrivener\u2019s error. The warrant was issued the same day it was executed. Thus, defense counsel wasn\u2019t ineffective for not filing a motion to suppress. The court acknowledges that the state did not even raise that issue, but the court likely would have resolved it that way anyway considering the standard of review on post-conviction. <a href=\"https:\/\/courts.ms.gov\/Images\/Opinions\/CO120369.pdf\">Mitchell v. State<\/a>, 2017 Miss. App. LEXIS 114 (Feb. 28, 2017).<\/p>\n<p>Defense counsel didn\u2019t file motions to suppress the various searches in this case but each would have lost on consent or search incident and his arrest was with probable cause. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/8\/2017\/2017-Ohio-745.pdf\">State v. Edmonds<\/a>, 2017-Ohio-745, 2017 Ohio App. LEXIS 734 (8th Dist. March 2, 2017).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>The search warrant was clearly issued September 4th. The typo \u201cAug.\u201d was on some of the papers, but reading the entirety of the paperwork, it was obvious this was only a scrivener\u2019s error. The warrant was issued the same day &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=26080\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[23],"tags":[],"class_list":["post-26080","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26080","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=26080"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26080\/revisions"}],"predecessor-version":[{"id":26081,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/26080\/revisions\/26081"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=26080"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=26080"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=26080"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}