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MA: No IAC for seeking to use evidence from bad search in murder trial -- Practice pointer in action

By John Wesley Hall, Jr.

Defense counsel does not always want to exploit a bad search. In this murder case, a search warrant was issued for defendant’s house and his car that was not on the curtilage was searched under the warrant for the house. The state conceded that the search of the car was bad. However, during the trial, it became tactically important to defense counsel to go into what was found, and it became important during cross-examination of the investigating officers because it showed inconsistencies in the investigation. “Counsel in fact highlighted the inconsistencies just described in his cross-examination of Detective McDermott and Trooper Foley, and he argued the point forcefully in closing.” It was not ineffective assistance of counsel to do so...continue to full post

Full post as published by Fourth Amendment on November 08, 2010 (boomark / email).