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WI: Failure to object to comment about refusal to consent was IAC

By John Wesley Hall, Jr.

In an eyewitness ID case, it was IAC for defense counsel to fail to object to the prosecutor’s eliciting that defendant refused to consent to taking DNA evidence and then argue in it close. The other IAC claims are moot by the granting of a new trial. State v. Banks, 2010 Wisc. App. LEXIS 561 (July 21, 2010). Changing lanes without signaling is not a violation of the law unless other cars are nearby such that it would be a hazard. Therefore, defendant’s stop was without probable cause. State v. Feaster, 2010 Tenn. Crim. App. LEXIS 603 (July 21, 2010).* A dog sniff at the open window of his car was not a violation of the Washington Constitution’s protection of privacy. “The trial court correctly concluded that Hartzell did not have a reasonable expectation of privacy in the air coming from the open window of the vehicle...continue to full post

Full post as published by Fourth Amendment on July 23, 2010 (boomark / email).