Ineffective Assistance of Counsel

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7^th Circuit Court of Appeals

Case Name: Tralvis Edmond v. United States of America

Case No.: 17-2734

Officials: RIPPLE, SYKES, and BARRETT, Circuit Judges.

Focus: Ineffective Assistance of Counsel

A jury convicted Tralvis Edmond of possession of heroin with the intent to distribute, in violation of 21 U.S.C. § 841(a)(1), and possession of a firearm as a convicted felon, in violation of 18 U.S.C. § 922(g). The Government’s case was based largely on evidence that the police had recovered while executing a search warrant at a Chicago apartment. The warrant was supported by the tip of a confidential informant who reported purchasing heroin from Mr. Edmond at the apartment.

Following his conviction, Mr. Edmond filed a motion under 28 U.S.C. § 2255, seeking collateral relief from federal custody. He claimed that he had been deprived of the effective assistance of counsel because his trial attorney had not filed a motion to exclude the evidence obtained from the search. The district court evaluated this claim under the familiar two-part analysis of Strickland v. Washington, 466 U.S. 668 (1984). The court held that Mr. Edmond’s trial attorney had performed below an objective standard of reasonableness. It then concluded that, although the search warrant was not supported by probable cause, the good-faith exception to the exclusionary rule saved the evidence from exclusion. Therefore, the court reasoned, Mr. Edmond had not shown that he was prejudiced by his attorney’s deficient performance, and his claim of ineffective assistance failed.

Mr. Edmond now challenges the district court’s application of the good-faith exception. We agree with the district court that objectively reasonable police officers could have relied in good faith on the search warrant. Because Mr. Edmond has not shown the requisite prejudice under Strickland, we affirm the denial of his § 2255 motion.

Affirmed

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.