6 results for 'cat:"Ineffective Assistance" AND cat:"Search"'.
J. Welbaum finds legislation to legalize recreational marijuana and allow individuals to cultivate marijuana plants at their homes did not de-criminalize conduct that occurred before it was put into effect and, in any case, defendant's conviction for possession of several plants was based on plants visible from the outside of his home, conduct still prohibited under the new laws. Meanwhile, defendant's consent to allow police to search his home negates any claim for ineffective assistance of counsel because a motion to suppress the results of the search would have been unsuccessful. Affirmed.
Court: Ohio Court Of Appeals, Judge: Welbaum, Filed On: April 26, 2024, Case #: 2024-Ohio-1609, Categories: Drug Offender, ineffective Assistance, search
J. Scudder finds that the lower court properly denied defendant's ineffective assistance of counsel claim in connection with his unsuccessful motion to suppress evidence of possession of child pornography. It was reasonable for defendant's attorney not to pursue a claim that the agent signing the search warrant acted in bad faith by omitting the state court's suppression ruling from his federal search warrant affidavit because it would have faced a high bar to prove materiality to the charges. Affirmed.
Court: 7th Circuit, Judge: Scudder, Filed On: April 12, 2024, Case #: 22-1179, Categories: ineffective Assistance, search, Child Pornography
J. McFadden finds that the trial court properly convicted defendant of possession of a controlled substance and correctly denied defendant's motion to suppress evidence of drugs discovered in his shared bedroom. A probation officer for the individual with whom defendant shared the bedroom conducted the warrantless search because the individual recently tested positive for methamphetamine and had given an incorrect home address. Defendant did not expressly refuse consent for the search. Defendant failed to show that he was prejudiced by his trial counsel's failure to pursue the motion to suppress. Affirmed.
Court: Georgia Court of Appeals, Judge: McFadden, Filed On: January 2, 2024, Case #: A23A1421, Categories: Drug Offender, ineffective Assistance, search
J. Ayers finds the lower court properly denied defendant’s petition for post-conviction relief. Defendant was convicted of second-degree murder for shooting his wife in the face, killing her, and was sentenced to serve 22 years in confinement. Defendant argues he was ineffectively represented by appellate counsel because he did not appeal the denial of his motion to suppress evidence obtained from a search warrant. The instant court finds that even if appellate counsel had included an argument for the suppression issue, it would not have affected the outcome of the trial. Affirmed.
Court: Tennessee Court of Criminal Appeals, Judge: Ayers, Filed On: November 22, 2023, Case #: W2022-01494-CCA-R3-PC, Categories: ineffective Assistance, Murder, search
J. Vaidik finds that defendant was properly denied ineffective counsel relief from his intimidation conviction based on counsel's failure to challenge the seizure of defendant's computer because police had reason to seize defendant's computers even if they required a second, more specific warrant to search its contents. Affirmed.
Court: Indiana Court Of Appeals, Judge: Vaidik, Filed On: September 25, 2023, Case #: 23A-PC-452, Categories: ineffective Assistance, search
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Lorello finds that the trial court properly dismissed defendant's post-conviction claim that trial counsel should have tried to suppress the heroin police found in her purse during a traffic stop. Defendant consented to a precautionary search of the purse for weapons before she could retrieve a cigarette lighter. Police were not required to articulate a suspicion that the purse contained a weapon and would not have searched it if she had waited until after the stop to smoke. Affirmed.
Court: Idaho Court Of Appeals, Judge: Lorello, Filed On: June 6, 2023, Case #: 49608, Categories: Drug Offender, ineffective Assistance, search