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Criminal Law

Counsel deficient, but defendant not prejudiced (access required)

Defendant Kearns filed a petition for habeas relief, alleging ineffective assistance of counsel. The court held that, while his counsel was deficient, Kearns had not demonstrated prejudice. As such, it dismissed his habeas petition. Background Lee Allen Kearns was guilty ...

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CAV: Post-stop consent to search vehicle was valid (access required)

After being released with a verbal warning for a broken brake light and driving on a suspended license, a reasonable person in the defendant’s position would have felt free to leave. Therefore, his consent for a vehicle search was valid, ...

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