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5 May 2012, 10:09 am
Defendant can’t relitigate his motion to suppress in a 2255 which was decided on the merits on appeal without an IAC claim. [read post]
1 May 2012, 4:32 am
The court also chides defense counsel for the lateness of the motion to suppress, but doesn’t rely on that because it invites an IAC claim. [read post]
31 Mar 2012, 9:02 pm
How can defense counsel agree to a plea agreement that waives IAC? [read post]
22 Mar 2012, 5:09 am
Thus, a challenge to the search was frivolous. [read post]
9 Mar 2012, 5:05 am
Reading between the lines in this case, I’d think that the defendant was insisting on raising this search issue despite the court’s summary which shows it woefully inadequate. [read post]
3 Mar 2012, 4:27 am
Even if the curtilage were entered (it wasn’t), purging that information from the affidavit for the search warrant would not nullify the probable cause. [read post]
1 Mar 2012, 5:44 am
February 28, 2012).* Defense counsel did, in fact, challenge the search so no IAC for failing to do so. [read post]
17 Jan 2012, 8:25 am
In an § 2255 IAC claim before the appellate court on a certificate of appealability from a life sentence in a drug case, the court finds that the district court’s sole finding that defendant said during trial that he let the police search him did not answer the question of whether the alleged consent search of his person was voluntary for frivolousness purposes of defense counsel’s failure to move to suppress. [read post]
2 Jan 2012, 3:55 am
His IAC claim that defense counsel failed to argue lack of probable cause would never win on the merits of the search claim. [read post]
25 Dec 2011, 9:12 pm
LEXIS 20458 (Fla. 3d DCA December 21, 2011).* Defendant did not receive IAC from defense counsel not objecting to his strip search at the stationhouse, which was valid anyway on probable cause. [read post]
1 Dec 2011, 9:12 pm
Then he consented to a search of his van. [read post]
14 Nov 2011, 3:31 am
Back in August, I wrote a post complimenting the 2nd on the general quality of its opinions, but lamenting that it had a poor reputation on search and seizure cases. [read post]
8 Nov 2011, 4:36 am
.* Defense counsel fully litigated the motion to suppress and appealed it, so there was no IAC. [read post]
6 Nov 2011, 10:59 pm
Howarth v Commissioner of Police of the Metropolis [2011] EWHC 2818 (QB) (03 November 2011) November 4, 2011 Train search of environmental protester not breach of free expression / assembly rights. [read post]
10 Oct 2011, 6:14 am
September 26, 2011).* [Would have to be an IAC claim.] [read post]
7 Oct 2011, 8:33 am
I have alleged the FCC as malfeasant and United States search engines besides IAC/InterActiveCorp (ask.com) as exploiting visual art against the artist’s wishes. [read post]
1 Aug 2011, 3:27 am
The fact former counsel didn’t is pretty much meaningless for IAC purposes. [read post]
24 Jul 2011, 9:05 pm
.* In a 100+ page death penalty IAC opinion, the court concludes as to the 1990 search issue was not appealed, but, had it been, it would have been affirmed anyway because the parties agree that there was probable cause of search defendant’s car. [read post]
22 Jul 2011, 5:18 am
July 20, 2011) (unpublished).* Defendant’s claim that defense counsel was ineffective for not objecting to a CI recording a conversation with him was hardly an IAC claim. [read post]
20 Jul 2011, 7:44 pm
June 8, 2011).* Defense counsel’s failure to make a motion to suppress the search of his house was not IAC because it would have failed anyway on third party consent of the victim. [read post]
