CA6: CoA denied; consent conceded in guilty plea, and def now claims it was insufficient

“Hawkins conceded in his criminal proceeding that he consented to Fults’s search of his vehicle. To the extent that he now claims that his consent was insufficient because he did not own the vehicle, reasonable jurists would agree that his argument is meritless.” “Hawkins was the only occupant of the vehicle and had been sleeping in the car for some time before Fults arrived, so reasonable jurists would agree that a man of reasonable caution would be warranted in believing that Hawkins had authority over the car. Because reasonable jurists would agree that Hawkins failed to make a substantial showing ‘that his Fourth Amendment claim is meritorious,’ he is not entitled to a COA on his ineffective-assistance claim.” Hawkins v. United States, 2020 U.S. App. LEXIS 27792 (6th Cir. Aug. 31, 2020).* [Isn’t this likely a concession of lack of standing?]

The video of plaintiff’s Tasering didn’t “blatantly” belie his excessive force claim, so he withstands summary judgment. Emmett v. Armstrong, 2020 U.S. App. LEXIS 27806 (10th Cir. Sept. 1, 2020).*