Daily Archives: August 11, 2024

W.D.N.C.: While NCIC data error on warrant was “troubling,” the arrest was still in good faith

While there was an NCIC warrant entry error which was “troubling,” it has nothing to do with the good faith of the officers in executing it under Evans. United States v. Valdez, 2024 U.S. Dist. LEXIS 138952 (W.D.N.C. Aug. 6, … Continue reading

Posted in § 1983 / Bivens, Arrest or entry on arrest, Good faith exception | Comments Off on W.D.N.C.: While NCIC data error on warrant was “troubling,” the arrest was still in good faith

M.D.Pa.: Even summary denial of 4A claim in state court means Stone bar applies

Even a summary denial of a Fourth Amendment claim gets deference under Stone v. Powell. Burns v. Hainsworth, 2024 U.S. Dist. LEXIS 138877 (M.D. Pa. Aug. 6, 2024). Petitioner’s successor habeas petition claim based on an alleged fabricated search warrant, … Continue reading

Posted in Ineffective assistance, Issue preclusion | Comments Off on M.D.Pa.: Even summary denial of 4A claim in state court means Stone bar applies