Tuesday, December 30, 2014

Petitioner Failed to Show Prejudice from Counsel's Failure to Move to Suppress Evidence

U.S. v. Cruz, 2014 WL 7242833 (12/22/14) (NM)(published) - Court affirms denial of 28 USC ยง 2255 claim of ineffective assistance of counsel based on attorney's failure to move to suppress methamphetamine evidence and subsequent statements obtained as a result of a search of Mr. Cruz's residence where the executed warrant was neither signed nor dated by the issuing state judge. There was no evidence that the judge was misled or wholly abandoned his judicial role, that the affidavit lacked indicia of probable cause, or that the warrant failed to particularize the place to be searched or the things to be seized. It was objectively reasonable for the executing officers to believe the warrant was valid. So there was no reasonable probability under Strickland's second prong that the result of Mr. Cruz's criminal proceeding would have been different if counsel had filed a motion to suppress.