N.D.Ga.: Not IAC to not pursue unsettled 4A question

2255 petitioner doesn’t show ineffective assistance of counsel on counsel’s not pursuing a Fourth Amendment claim on an unsettled question of law. That’s professional judgment. He has to show that the issue was clearly meritorious. Brito-Arroyo v. United States, 2022 U.S. Dist. LEXIS 205498 (N.D. Ga. Sep. 29, 2022).

Defendant’s erratic driving supported his stop, despite the fact the officer also suspected that the vehicle might be stolen. The fact it wasn’t stolen doesn’t nullify the basis for the stop. United States v. Young, 2022 U.S. Dist. LEXIS 205500 (D. Minn. Sep. 12, 2022).*

The state court erroneously denying a motion to suppress is not a 2254 issue because it’s barred by Stone. No COA. Decarlo v. Stephenson, 2022 U.S. App. LEXIS 31332 (6th Cir. Nov. 10, 2022).*

A female prison guard’s chance seeing plaintiff urinating in his cell is not a Fourth Amendment violation. This court has already held that a male guard’s chance seeing a female inmates’ breasts wasn’t a Fourth Amendment either. Sublett v. Hall, 2022 U.S. App. LEXIS 31331 (6th Cir. Nov. 10, 2022).*

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