S.D.Ill.: Strategy under Strickland for defense to admit SW affidavit into evidence

It was not unreasonable strategy for the defense to admit at trial the affidavit for his search warrant to challenge the quality of the investigation that the search produced nothing and the informant wasn’t reliable. He was acquitted of one count, so it worked in part. The affidavit also mentioned his prior conviction, but it was also a felon in possession case and a prior was stipulated to. Cureton v. United States, 2023 U.S. Dist. LEXIS 57512 (S.D. Ill. Mar. 31, 2023).

Opening one’s computer with peer-to-peer software is a waiver of a reasonable expectation of privacy in it. United States v. Savanh, 2023 U.S. Dist. LEXIS 56270 (D. Nev. Mar. 30, 2023).*

Plaintiff’s attack on the probable cause affidavit for his resisting arrest case amounts to a Heck barred challenge to his § 1983 case. Williams v. McDonough, 2023 U.S. App. LEXIS 7728 (5th Cir. Mar. 31, 2023).*

In this 2254, aside from not appealing in state court the pretrial motion to suppress a cell phone picture, defendant’s claim on the merits of the search fails. The search warrant mentioned cell phones and electronic devices, and 17 cell phones were found in a box. They all could be searched. Pafford v. Kelley, 2023 U.S. Dist. LEXIS 57361 (W.D. Ark. Mar. 31, 2023).*