CA10: Successor habeas denied on claim state judges denied 4A claims because they were racist

2254 petitioner’s claim the state courts failed to adequately consider his Fourth Amendment claim because they were racist was still barred as a successive habeas. White v. Crow, 2021 U.S. App. LEXIS 6769 (10th Cir. Mar. 9, 2021):

He claimed the trial court’s probable cause determination was predicated on a defective search warrant affidavit that was unsigned, unsworn, based on hearsay, and that failed to specify when an informant had viewed contraband (a gun) seized during the search. He acknowledged he had previously raised these issues, but he asserted the state court judges refused to invalidate the warrant and suppress the gun because they were racist.

The district court dismissed the petition as an unauthorized second or successive § 2254 habeas petition. The court also denied a COA. On the same day that the district court dismissed his petition, Mr. White moved this court for authorization to file a second or successive § 2254 petition to bring these and other claims. We denied his request. See In re White, No. 20-7037 (10th Cir. July 31, 2020); R. at 98-105. Mr. White now seeks a COA to challenge the district court’s dismissal.

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