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Plea colloquy defeats IAC claim for not filing suppression motion

By John Wesley Hall, Jr.

Standard plea colloquy undercut the defendant's claim of prejudice for an IAC claim that defense counsel missed a Fourth Amendment claim. Travis v. United States, 2008 U.S. Dist. LEXIS 11347 (E.D. Mo. February 14, 2008): THE COURT: Now, Miss Travis, are you satisfied with the representation you have received from Mr. Winston? THE DEFENDANT: Yes. THE COURT: Do you have any complaints whatsoever about his representation of you? THE DEFENDANT: No, Your Honor. (Comment: This doesn't do a thing for the complaining defendant who only discovered defense counsel missed a Fourth Amendment claim until after in the joint.) Reasonable suspicion certainly doesn't take much, particularly when knowledge of the defendant's include their families' histories of violence, too...continue to full post

Full post as published by Fourth Amendment on February 18, 2008 (boomark / email).