Rann v. Hulick, No. 11-3502 (7th Cir. 2012)
Annotate this CaseIn 2006 Rann was convicted of two counts of criminal sexual assault and one count of possession of child pornography. He was sentenced to consecutive terms of 12 years for each sexual assault conviction and 15 years on the child pornography conviction. Rann unsuccessfully pursued direct appeal in state court arguing that he received ineffective assistance of counsel because his attorney did not seek to suppress incriminating evidence in the form of digital images obtained without a warrant from a zip drive and a camera memory card. The district court denied his petition for habeas corpus. The Seventh Circuit affirmed. Rann’s challenge to the warrantless search of digital media devices brought to police by his victim (his 15-year-old biological daughter) and his victim’s mother was without merit. Because he cannot prevail on his Fourth Amendment argument, Rann’s ineffective assistance of counsel claim under Strickland fails.
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