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Criminal Law

: Fourth Amendment

CA7: AEDPA Fourth Amendment IAC reversal; state court unreasonably found underlying search issue meritless

By John Wesley Hall, Jr.

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Rarity: Habeas corpus granted on a IAC Fourth Amendment claim where the Indiana Court of Appeals was found to have unreasonably applied the Fourth Amendment in finding that defense counsel was not ineffective for not addressing defendant’s pro se issue that the search of his wheelbarrow was unreasonable. It was unreasonable to conclude that defendant would not have prevailed on the search issue. [A really interesting case.] Gentry v. Sevier, 2010 U.S. App. LEXIS 4030 (7th Cir. February 26, 2010): As explained above, the record reflects that the searches performed by the officers at the scene of Gentry's arrest were unconstitutional and there is thus no indication that a motion to suppress evidence resulting from such searches would have been futile...continue to full post

Full post as published by Fourth Amendment on March 01, 2010 (boomark / email).

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