M.D.Ala.: Post-conviction petitioner has to show he told defense counsel of facts and issues not raised

When challenging defense counsel’s failure to raise an issue in an ineffective assistance of counsel claim, it behooves the defendant to show that defense counsel was told about the issue. Defendant here was aware of the alleged fact he complains about, but defense counsel wasn’t told. And, even if he did, it doesn’t show that he would have prevailed. Pittman v. United States, 2021 U.S. Dist. LEXIS 109365 (M.D. Ala. June 9, 2021).

Plaintiffs’ interest in litigating probable cause in a juvenile court proceeding resulted in issue preclusion even though the parties were different. Komoscar v. Loomis, 2021 U.S. Dist. LEXIS 108913 (N.D. Ind. June 10, 2021).*

Because defendant read from the search warrant, the court finds he could read the Miranda warning form. United States v. Jones, 2021 U.S. Dist. LEXIS 109193 (D. Ariz. June 10, 2021).*

Defendant’s challenge to reasonable suspicion was piecemeal. On the totality, there was reasonable suspicion. United States v. Harvey, 2021 U.S. App. LEXIS 17428 (8th Cir. June 11, 2021).*