Defendant\u2019s 2255 ineffective assistance of counsel claim in part challenged defense counsel\u2019s failure to cross-examine over contradictions in a search warrant affidavit by the witness. The government doesn\u2019t address this, and assuming it was defective performance, the court finds a lack of prejudice on the case as a whole. Crossing on that wouldn\u2019t have mattered considering the officer\u2019s role in the case and other testimony. United States v. Duerson, 2023 U.S. Dist. LEXIS 32790 (E.D. Ky. Feb. 2, 2023).<\/p>\n\n\n\n
Even if there was no probable cause for a search of the person, a frisk would have occurred so inevitable discovery applies. United States v. Williams, 2023 U.S. App. LEXIS 4949 (9th Cir. Mar. 1, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s 2255 ineffective assistance of counsel claim in part challenged defense counsel\u2019s failure to cross-examine over contradictions in a search warrant affidavit by the witness. The government doesn\u2019t address this, and assuming it was defective performance, the court finds a … Continue reading