W.D.N.Y.: Def’s guilty plea even waived IAC 4A claim

Defendant’s guilty plea waived his ineffectiveness claim on failure to investigate a possible Fourth Amendment claim. “Respondent argues that Petitioner’s ineffectiveness claim based on Defense Counsel’s failure to conduct a reasonable investigation into the search and seizure of her home is barred from habeas review under the doctrine of Tollett v. Henderson, 411 U.S. 258 (1973), because it concerns an alleged constitutional violation antecedent to the guilty plea. … ‘A defendant who pleads guilty unconditionally while represented by counsel may not assert independent claims relating to events occurring prior to the entry of the guilty plea.’ United States v. Coffin, 76 F.3d 494, 497 (2d Cir. 1996).” Ponce De Leon v. United States, 2020 U.S. Dist. LEXIS 106179 (W.D. N.Y. June 17, 2020).*

The plaintiff’s attempt to get a tolling agreement on the statute of limitations for his 1983 case can’t be adequately established. The case was filed after the statute ran, and it’s barred. Dabish v. McMahon, 2020 U.S. App. LEXIS 19258 (6th Cir. June 19, 2020).*