CA11: Mandamus not remedy to overcome waived 2255

Petitioner waived his 2255 and can’t raise his Fourth Amendment ineffective assistance of counsel claim by mandamus. In re Morgan, 2023 U.S. App. LEXIS 28330 (11th Cir. Oct. 24, 2023).

The sheriff solicited nude pictures of a person that became an inmate. Whether she was a “victim” is a point of contention in a Franks challenge. “But whether or not E.R. can be fairly considered a victim, the screenshots Johnson received corroborate her statement, even if Johnson was untruthful about how he got them. In sum, probable cause existed to justify the issuance of the search warrant. Grassaree has not made a substantial preliminary showing sufficient to justify a Franks hearing.” United States v. Grassaree, 2023 U.S. Dist. LEXIS 190557 (S.D. Miss. Oct. 24, 2023).*

“The undersigned recommends that, as the Eleventh Circuit did in Perez, this Court should ‘readily conclude the circumstances indicate only a consensual encounter.’ Perez, 443 F.3d at 778. Most obviously, Defendant actually approached Detective Elliott and flagged him down as Detective Elliott was leaving. (Tr. 14.) All of the other pertinent circumstances also weigh heavily in favor of a consensual encounter. Defendant’s path was not blocked or impeded. Defendant’s car was not blocked. Detective Elliott never questioned Defendant or his wife about the robbery, never patted them down or asked them about weapons, never asked for identification, never touched anyone, never displayed his weapon, and never issued any commands.” United States v. Moore, 2023 U.S. Dist. LEXIS 190729 (M.D. Fla. Aug. 28, 2023),* adopted, 2023 U.S. Dist. LEXIS 189513 (M.D. Fla. Oct. 20, 2023).*