Did the lower courts err by concluding that trial counsel was strategic to abandon a Fourth Amendment challenge to a warrantless email search, especially given proof that counsel pursued the same defense in state court after realizing his critical error?

TO THE COURT The Sixth Amendment is paramount to defendants in a criminal proceeding to ensure effective assistance of counsel. When this doesn’t happen, there is no fair proceedings or justice. Here, trial counsel failed to raise a critical issue where police conducted a warrantless search of an email attachment which uncovered evidence used to support probable cause for a search warrant that allowed evidence that was key to my conviction. At the time, there was both binding and persuasive caselaw prohibiting this unconstitutional search. But for counsel ’s failure to research, the outcome of the case would have been different. Did the lower courts err by concluding' tfa that trial counsel was strategic to abandon this ground especially given that proof was provided trial counsel pursued the exact defense in state court after realizing his critical error?1. i PARTIES AND PROCEEDINGS All