CA9: Ptf’s affidavit there was no announcement before battering ram broke in her door makes her civil case survive summary judgment

Plaintiff showed enough of a fact question that officers never announced they were attempting to enter on a search warrant, breaking in her door, to survive their motion for summary judgment. They said, she said. Greiner v. Wall, 2019 U.S. App. LEXIS 3850 (9th Cir. Feb. 7, 2019).*

2254 habeas petitioner is denied a certificate of appealability on the merits of his claim. He had a full and fair opportunity to litigate his search and seizure issue through the state courts and trial, appeal, and post-conviction. Stone v. Powell bars relief in federal court. West v. Bryant, 2019 U.S. App. LEXIS 3842 (10th Cir. Feb. 7, 2019).*

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