Category Archives: Abstention

CA11: Carpenter not retroactive for a successor habeas

Carpenter not retroactive for a successor habeas. In re Symonette, 2019 U.S. App. LEXIS 20428 (11th Cir. July 9, 2019):

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D.Conn.: Ptf’s § 1983 case over his search that led to his conviction is barred by Heck

Plaintiff’s suit against his search and seizure that led to his conviction is barred by Heck v. Humphrey. “The appropriate vehicle for such a challenge is not § 1983 litigation, but direct or collateral appeal.” Gonzalez v. Yepes, 2019 U.S. … Continue reading

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S.D.Ind.: Def’s 2255 4A IAC claim was speculative at best and denied

Defendant claims his attorney was ineffective for failing to tell him about a possible motion to suppress, and, thus, he wouldn’t have pled guilty. The court, however, finds no facts anywhere in the case supporting even an inference there was … Continue reading

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OH10: Two year old email wasn’t stale for CP SW probable cause

A two year old incriminating e-mail was not stale for a child pornography search warrant. State v. ShaskusState v. ShaskusState v. Shaskus, 2019-Ohio-2190, 2019 Ohio App. LEXIS 2273 (10th Dist. June 4, 2019). Defense counsel acted reasonably in foregoing appealing … Continue reading

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OH10: Aside from the SW for def’s house, there was PC to stop him in his car leaving for his arrest

Officers had a search warrant for defendant’s premises. Based on a controlled buy, there was also probable cause to independently stop him leaving his own house. State v. Taylor, 2019-Ohio-2018, 2019 Ohio App. LEXIS 2088 (10th Dist. May 23, 2019). … Continue reading

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S.D.Tex.: Ptf’s suit against his investigation is barred by Younger abstention

Plaintiff’s suit against his investigation is barred by Younger abstention, too. It doesn’t require a pending case. Cook v. Harris County, 2019 U.S. Dist. LEXIS 87297 (S.D. Tex. May 23, 2019):

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CA5: GFE wasn’t raised or litigated below so it’s not considered on appeal

The district court’s findings on the search were not clearly erroneous. The good faith exception wasn’t raised in the district court, and not on appeal so it’s waived. United States v. Taylor, 2019 U.S. App. LEXIS 14644 (5th Cir. May … Continue reading

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CA5: Civil rights suit over entry, search, seizure, and arrest implies invalidity of state conviction and were barred

“Thus, success on Weems’s unlawful entry, search, seizure, and arrest claims would necessarily imply the invalidity of his convictions. See Heck, 512 U.S. at 487; Hudson v. Hughes, 98 F.3d 868, 872 (5th Cir. 1996). Because Weems’s false reporting and … Continue reading

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OH12: Package in transit was reasonably briefly detained for dog sniff

Briefly detaining a package in transit at least on reasonable suspicion for a dog sniff was reasonable and not a seizure of the package. They were staying at a local B&B and received two FedEx packages there, one under an … Continue reading

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PA: Philly’s DUI consent form valid under Birchfield

The Philadelphia P.D.’s DUI consent form is facially valid and doesn’t violate Birchfield. Commonwealth v. Geary, 2019 PA Super 149, 2019 Pa. Super. LEXIS 440 (May 6, 2019).* State law provides a mechanism to challenge an alleged illegal search by … Continue reading

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S.D.Ga.: Heck explained in 4A terms

Explaining Heck: This case involves alleged illegally admitted statements, but it’s explained in terms of the Fourth Amendment. Edwards v. Perry, 2019 U.S. Dist. LEXIS 74480 (S.D. Ga. May 3, 2019):

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E.D.Cal.: § 1983 4A prison claim is an attack against his disciplinary proceeding and barred by Heck

Plaintiff’s § 1983 Fourth Amendment prison claim is an attack against his disciplinary proceeding and barred by Heck. Lout v. Sidhu, 2019 U.S. Dist. LEXIS 74550 (E.D. Cal. May 3, 2019).* Claimant has no standing to challenge the seizure before … Continue reading

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