W.D.N.C.: 2255 claim of merely failing to investigate a search claim doesn’t state a post-conviction claim

2255 petition’s claim that defense counsel failed to investigate whether a motion to suppress should have been filed fails. There was a search warrant, and there’s no suggestion it was invalid. Fluid v. United States, 2023 U.S. Dist. LEXIS 51173 (W.D.N.C. Mar. 27, 2023).

The district court misapplied the statute of limitations for his Fourth Amendment claim because of a state tolling provision when the plaintiff is incarcerated. Youker v. Hillhouse, 2023 U.S. App. LEXIS 7208 (9th Cir. Mar. 27, 2023).*

By the time post-conviction proceedings started, the affidavit for the search warrant disappeared from defense counsel who didn’t have it anymore. Defense counsel testified he remembered reviewing the affidavit and concluding that a motion to suppress would fail. There was no effort to produce it otherwise, and the court won’t presume that having it would help provide relief. Johnson v. State, 2023 Ga. App. LEXIS 155 (Mar. 27, 2023).*

Plaintiff’s complaint he was subjected to excessive force fails. It was apparent that he was highly intoxicated and belligerent with officers, and the officers’ response was proportional and reasonable. Francis v. Village of Potsdam, 2023 U.S. Dist. LEXIS 51183 (N.D.N.Y. Mar. 27, 2023).*

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