Merely showing that a foregone motion to suppress was \u201carguable\u201d isn\u2019t IAC. Petitioner has to show it would have prevailed. Accordingly, he cannot show that counsel’s decision not to file a motion to suppress was objectively unreasonable.\u201d Silva v. United States, 2019 U.S. Dist. LEXIS 135422 (W.D. N.C. Date: Aug. 12, 2019).<\/p>\n
The parties dispute whether defendant\u2019s state parole search condition required reasonable suspicion or not. That doesn\u2019t have to be decided because there was reasonable suspicion. United States v. Swisher, 2019 U.S. Dist. LEXIS 135358 (D. Neb. Aug. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Merely showing that a foregone motion to suppress was \u201carguable\u201d isn\u2019t IAC. Petitioner has to show it would have prevailed. Accordingly, he cannot show that counsel’s decision not to file a motion to suppress was objectively unreasonable.\u201d Silva v. United … Continue reading