D.Ariz.: Affidavit of another didn’t show offer of proof for standing

The declaration used to attempt to show defendant’s guest standing doesn’t tie defendant’s relationship to the property to the time of the search. Moreover, on the day in question, his truck was parked along a fence far enough from the house that looking in the back of the truck was possible and didn’t show a reasonable expectation of privacy in the back of the truck. United States v. Velasco, 2019 U.S. Dist. LEXIS 121619 (D. Ariz. June 11, 2019).*

The state appellate court’s application of the state standard of review of fact findings did not deny him a fair opportunity to litigate his search issue in state court under Stone v. Powell. Rodriguez-Olivas v. Director, 2019 U.S. Dist. LEXIS 121577 (E.D. Tex. June 14, 2019).*

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