MA: Alternative inference to facts not drawn by hearing judge doesn’t permit reversal

An alternative interpretation of a witness’s testimony at a suppression hearing not drawn by the judge hearing the motion doesn’t permit reversal. Commonwealth v. Gonzalez, 2018 Mass. App. LEXIS 28 (Mar. 12, 2018).*

Plaintiff’s complaint against a judge for an alleged false arrest caused by a nonjudicial report of an alleged crime survives a claim of absolute judicial immunity. Cossio v. Tourtelot, 2018 U.S. App. LEXIS 6080 (7th Cir. Mar. 12, 2018).*

Not filing a motion to suppress is not ineffective assistance of counsel per se. Here, [analyzing it backwards,] the good faith exception would have applied despite petitioner’s argument the affidavit for search warrant was so lacking in probable cause that reliance on it was unreasonable. Because, after all, there was great detail in the affidavit. Therefore, it was not lacking. [In other words, determining probable cause is too hard, so I default to the good faith exception.] Dunnng v. United States, 2018 U.S. Dist. LEXIS 39551 (S.D. Ala. Mar. 12, 2018) (R&R).*

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