Friday, October 17, 2014

Counsel was not deficient in failing to object to special conditions of supervised release

U.S. v. Ray, 2014 WL 5032439 (10/9/14) (Kan.) (unpub'd) - The Supreme Court's decisions in the plea-bargain cases---Frye and Lafler---and in Padilla has not lowered the bar to obtain relief for ineffective assistance of counsel. Counsel did not act deficiently when counsel failed to object to the following supervised release conditions for a child porn defendant: prohibition on unsupervised contact with minors, prohibition on viewing adult porn, requirement of consent to access and examine internet-capable devices; and requirement of substance abuse treatment, where Mr. Ray used to smoke marijuana 3-6 times a week and drank alcohol every month or every other month when he was 20 years old.