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§ 1983 claim over probation revo barred by Heck

By John Wesley Hall, Jr.

Revocation of probation § 1983 claim was barred by Heck. Trevino v. McLean, 2008 U.S. Dist. LEXIS 94868 (W.D. Tex. September 11, 2008).* "When a trial lawyer's failure to pursue a motion to suppress is the basis for a claim of ineffective assistance, 'the defendant must make a strong showing that the damaging evidence would have been suppressed had counsel made the motion.'" Here, the search was proper. Smith v. State, 2008 Ga. App. LEXIS 1295 (November 19, 2008).* Consent was a one witness issue in this case, and "[t]he trial court granted the motion to suppress based upon its findings that the officer's testimony describing the encounter was nebulous and lacked credibility." The granting of the suppression motion was justified by the evidence...continue to full post

Full post as published by Fourth Amendment on November 25, 2008 (boomark / email).