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OH8: Obvious trial strategy was to deny ownership of bag, so defense counsel not ineffective for not embracing it and moving to suppress

By John Wesley Hall, Jr.

Defense trial strategy was to deny ownership of a bag defendant claimed he found, which was consistent with defendant's denials. Therefore, it was logical to not file a motion to suppress and rely on lack of ownership, so no IAC. State v. Davis, 2009 Ohio 2881, 2009 Ohio App. LEXIS 2418 (8th Dist. June 18, 2009).* A 24 minute detention on RS was reasonable before a dog sniff. State v. Graham, 2009 Ohio 2814, 2009 Ohio App. LEXIS 2394 (12th Dist. June 15, 2009).* Defense counsel could not be ineffective for not raising a meritless search and seizure issue. Sias v. United States, 2009 U.S. Dist. LEXIS 51521 (S.D. Tex. June 18, 2009).* The court credits the officers' testimony that the defendant consented to a search of his house. United States v...continue to full post

Full post as published by Fourth Amendment on June 23, 2009 (boomark / email).