CA11: Govt waives abandonment by not pleading it in the district court

Government waives abandonment by not pleading it in the district court. United States v. Ross, 2020 U.S. App. LEXIS 21028 (11th Cir. July 7, 2020), on remand from United States v. Ross, 2020 U.S. App. LEXIS 19642 (11th Cir. June 24, 2020) (en banc) (posted here).

The Eighth Circuit declines to consider an ineffective assistance of counsel claim, as it usually does, including a Fourth Amendment claim, on direct appeal because it’s apparent additional proof and fact finding will be necessary. United States v. Harris, 18-2481 (8th Cir. July 7, 2020).*

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