E.D.Ky.: IAC overbroad search claim requires SW be attached or otherwise in the record

In a 2255 IAC, defendant’s claim that defense counsel was ineffective for not challenging the search warrant of his hotel room as overbroad fails without attaching the warrant so the court can see. It’s not otherwise in the record. United States v. Noland, 2015 U.S. Dist. LEXIS 79023 (E.D.Ky. June 18, 2015). [The warrant was for bait money with particular serial numbers in a bank robbery, and that would indicate a broad search is possible.]

Plaintiff sued before over the search of his house, and the last time was barred by collateral estoppel that it was litigated in state court and he lost. Same here. Kaprelian v. Barrett, 2015 U.S. App. LEXIS 10270 (7th Cir. June 18, 2015).*

Defendant passenger made no effort to show standing in the car he was in, and, in any event, the cigarette pack was properly seized and searched under the automobile exception. State v. Hamilton, 2015-Ohio-2366, 2015 Ohio App. LEXIS 2272 (5th Dist. June 16, 2015).*