TX4: Illegal stop claim was waived for failure to present to trial court

Defendant’s illegal stop claim for having an open container in San Antonio wasn’t presented in the trial court so it’s waived. Sowers v. State, 2020 Tex. App. LEXIS 7473 (Tex. App. – San Antonio Sept. 16, 2020).*

“This Fourth Amendment claim for excessive force arises from the fatal shooting of Kevin Matthews by Dearborn Police Officer Chris Hampton. The Officer appeals the district court’s denial of qualified immunity in the civil rights suit brought by Plaintiff, Matthews’ estate, under 42 U.S.C. § 1983. Because this interlocutory appeal is based on factual disputes and not purely legal questions, we must DISMISS it for lack of jurisdiction.” Estate of Matthews v. City of Dearborn, 2020 U.S. App. LEXIS 29337 (6th Cir. Sept. 14, 2020).*

Defendant’s ineffective assistance Fourth Amendment claim fails for lack of being able to show a seizure. Barnes v. United States, 2020 U.S. App. LEXIS 29342 (11th Cir. Sept. 15, 2020).*

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