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CA: Defendant abandoned his motel room in flight from murder

By John Wesley Hall, Jr.

Defendant was shown to have abandoned a motel room leaving various items behind. The motel manager attempted to contact defendant before entering hours after checkout time had passed. The door was locked, and it was apparent flight was out a window, breaking the screen. Various things left behind, and defendant made no effort to contact the motel after he left and before arrest. People v. Parson, 2008 Cal. LEXIS 8243 (July 10, 2008).* Defendant waived his search claim in his guilty plea, and his waiver of 2255 IAC rights in the plea was binding. Nunez v. United States, 2008 U.S. Dist. LEXIS 51688 (D. N.J. July 7, 2008): The Court finds Petitioner's § 2255 waiver enforceable. "[A] waiver does not become unenforceable simply because a defendant claims ineffective assistance, but only if the record of the criminal proceeding revealed that the claim that the waiver was the result of ineffective assistance of counsel was meritorious...continue to full post

Full post as published by Fourth Amendment on July 12, 2008 (boomark / email).