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N.D.Okla.: No IAC for not negotiating a conditional plea

By John Wesley Hall, Jr.

Defense counsel was not shown to be ineffective for not negotiating a conditional plea. There is no right to a conditional plea, and the government would have had to have agreed with it. Defendant never suggested to defense counsel that he wanted to appeal. United States v. Carvajal-Mora, 2009 U.S. Dist. LEXIS 118523 (N.D. Okla. December 21, 2009).* Defendant’s search argument was belatedly raised ten years late in a post-conviction IAC claim that should have been raised earlier. It is defaulted. State v. Billiter, 2009 Ohio 6788, 2009 Ohio App. LEXIS 5698 (5th Dist. December 22, 2009).* The description of a tall bald man carrying an assault rifle was sufficiently correct to show reasonable suspicion. While defendant was not carrying as assault rifle, he had a container that could have contained a broken down assault rifle...continue to full post

Full post as published by Fourth Amendment on December 26, 2009 (boomark / email).