{"id":62685,"date":"2026-01-06T09:37:18","date_gmt":"2026-01-06T14:37:18","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62685"},"modified":"2026-01-06T23:24:30","modified_gmt":"2026-01-07T04:24:30","slug":"tn-not-objecting-to-sw-affidavit-at-trial-here-not-iac","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62685","title":{"rendered":"TN: Not objecting to SW affidavit at trial here not IAC; it fit defense theory"},"content":{"rendered":"\n<p>Defense counsel didn\u2019t object to the search warrant and application coming into evidence in the state\u2019s case because it fit within the defense theory, despite being full of hearsay, assuming defendant would testify, as he said he would. Then he was a no show for the rest of the trial. Not ineffective assistance of counsel. And, even if it was, no prejudice. <a href=\"https:\/\/www.tncourts.gov\/sites\/default\/files\/OpinionsPDFVersion\/Majority%20Opinion%20-2024-01897-CCA-R3-PC.pdf\">Stinnett v. State<\/a>, 2026 Tenn. Crim. App. LEXIS 2 (Jan. 5, 2026). {I had an AUSA try that at a trial over my objection that it would be reversible error [said to the AUSA, not the judge]. When it was apparent it was coming in, I changed strategy to avoid that and did. Full of hearsay, but no one seemed to care since it was the defense objecting.}<\/p>\n\n\n\n<p>\u201cHere, the search warrant permitted investigators to search Gibson&#8217;s hotel room.\u201d They did. It was within the scope of search permitted. United States v. Gibson, 2026 U.S. Dist. LEXIS 55 (N.D. Ohio Jan. 2, 2026).*<\/p>\n\n\n\n<p>The video from the book-in area seems to contradict the officers\u2019 reports on use of force. Qualified immunity denied for now. Lovell v. Clermont Cty. Sheriff&#8217;s Office, 2026 U.S. Dist. LEXIS 123 (S.D. Ohio Jan. 2, 2026).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel didn\u2019t object to the search warrant and application coming into evidence in the state\u2019s case because it fit within the defense theory, despite being full of hearsay, assuming defendant would testify, as he said he would. Then he &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62685\">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":[124,40,59],"tags":[],"class_list":["post-62685","post","type-post","status-publish","format-standard","hentry","category-admissibility-of-evidence","category-qualified-immunity","category-scope-of-search"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62685","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=62685"}],"version-history":[{"count":6,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62685\/revisions"}],"predecessor-version":[{"id":62697,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62685\/revisions\/62697"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62685"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62685"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62685"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}