E.D.Mich.: State court’s finding def didn’t plead enough for Franks hearing was not “unreasonable” for AEDPA

Defendant didn’t plead enough to get a state court hearing on his Franks issue. The state court’s decision falls within Stone v. Powell’s “full and fair opportunity” to litigate, and he took that issue up on his state appeal. Rooks v. Brewer, 2018 U.S. Dist. LEXIS 22954 (E.D. Mich. Feb. 13, 2018).*

State appellate counsel chose not to pursue a Fourth Amendment claim that defendant’s cell phone was unreasonably searched after the trial court sustained it. On post-conviction, the state court found contents of the cell phone harmless compared to all the other proof in the case, and that was not an unreasonable determination under AEDPA. Chavira v. Soto, 2018 U.S. Dist. LEXIS 22889 (S.D. Cal. Feb. 13, 2018).*

In a domestic relations order of protection dispute, defendant’s challenge to the search warrant affidavit as inadmissible hearsay is harmless because there was other competent evidence to support the findings. Whitaker v. Whitaker, 2018 Neb. App. LEXIS 30 (Feb. 13, 2018)* (memorandum).

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