OH5: Trial judge signing SW wasn’t ground to recuse

The trial judge having signed a search warrant wasn’t grounds to recuse at trial. Defense counsel wasn’t ineffective for not raising it. The validity of the search wasn’t even an issue. State v. Ray, 2020-Ohio-1265, 2020 Ohio App. LEXIS 1197 (5th Dist. Mar. 27, 2020).

Defendant’s stop was based on an arrest warrant for him. The search incident to the arrest produced drugs from his person. The arrest justified an inventory. United States v. Thomas, 2020 U.S. Dist. LEXIS 57498 (W.D. Mo. Mar. 4, 2020),* adopted, 2020 U.S. Dist. LEXIS 55897 (W.D. Mo. Mar. 31, 2020).*

Petitioner had the opportunity to litigate his search claim in the Florida courts, so the district court was clearly correct in denying habeas relief under Stone v. Powell. No CoA because there’s no chance of success. Hill v. Sec’y, Fla. Dep’t of Corr., 2020 U.S. App. LEXIS 10365 (11th Cir. Apr. 1, 2020).*

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