2254 petitioner can\u2019t show prejudice from defense counsel\u2019s failure to file a motion to suppress cocaine when he was acquitted of that charge. Zayas-Acosta v. Sec’y, Dep’t of Corr., 2024 U.S. App. LEXIS 30236 (11th Cir. Nov. 27, 2024).<\/p>\n\n\n\n
Challenge to the search of defendant\u2019s cell phone that produced text messages used at trial was foreclosed by Stone. He had the chance to litigate it in state court. Carter v. Morgan, 2024 U.S. Dist. LEXIS 215218 (S.D. Ala. Oct. 18, 2024),* adopted, 2024 U.S. Dist. LEXIS 213888 (S.D. Ala. Nov. 25, 2024).*<\/p>\n\n\n\n
Despite F.R.C.P. 8 and notice pleading, not so with the Fourth Amendment: \u201cThe action as a whole is subject to dismissal because Plaintiff fails to allege facts sufficient to state a claim for relief that is plausible. Although Plaintiff cites certain constitutional amendments and appears to be trying to assert claims for false arrest, false imprisonment, and\/or malicious prosecution. However, to the extent Plaintiff intends to asserts those claims, they are each without merit because Plaintiff has not alleged sufficient facts to support such claims.\u201d Arthur v. South Carolina, 2024 U.S. Dist. LEXIS 215234 (D.S.C. Nov. 4, 2024).*<\/p>\n","protected":false},"excerpt":{"rendered":"
2254 petitioner can\u2019t show prejudice from defense counsel\u2019s failure to file a motion to suppress cocaine when he was acquitted of that charge. Zayas-Acosta v. Sec’y, Dep’t of Corr., 2024 U.S. App. LEXIS 30236 (11th Cir. Nov. 27, 2024). Challenge … Continue reading