Daily Archives: November 15, 2022

W.D.Ky.: Clerical error in filestamp of SW return not prejudicial error

Relying on a file mark stamp on a search warrant return that was a year and a few days earlier, defendant claims the issuing judge and officers conspired to back date everything to coverup an illegal search. That’s speculative. The … Continue reading

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D.Vt.: Def’s misidentification in original affidavit was later corrected and overall survives Franks challenge

There were omissions in the original affidavit for warrant about identification that were later cleared up in a subsequent affidavit for another. On the whole, probable cause remains no matter what. United States v. Mohamud, 2022 U.S. Dist. LEXIS 205560 … Continue reading

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N.D.Ga.: Not IAC to not pursue unsettled 4A question

2255 petitioner doesn’t show ineffective assistance of counsel on counsel’s not pursuing a Fourth Amendment claim on an unsettled question of law. That’s professional judgment. He has to show that the issue was clearly meritorious. Brito-Arroyo v. United States, 2022 … Continue reading

Posted in Ineffective assistance, Issue preclusion, Reasonable suspicion | Comments Off on N.D.Ga.: Not IAC to not pursue unsettled 4A question