United States Fifth Circuit

Denial of motion to vacate defendant's conviction for posession with intent to distribute cocaine is vacated, and case remanded for an evidentiary hearing, where: 1) the record did not conclusively demonstrate that a search of defendant's vehicle was justified by either voluntary consent or reasonable suspicion; and 2) defendant's claims that his counsel was ineffective for failing to object to the evidence produced by the search could not therefore be denied before an evidentiary hearing was conducted.

Appellate Information

• Decided 11/24/2008
• Published 11/24/2008

Judges

• HICKS, District Judge:, Before GARZA and ELROD, Circuit Judges, and HICKS, District Judge.

Court

• United States Fifth Circuit

Counsel

• For Appellees:
  
• Maureen Clancy Smith, Asst. U.S. Atty. (argued), Sherman, TX, for Plaintiff-Appellee., Michael P. Heiskell (argued), Johnson, Vaughn & Heiskell, Fort Worth, TX, for Defendant-Appellant.