W.D.Va.: IAC claim over how to argue GFE fails

This 2255 petitioner argued his defense lawyer didn’t properly argue application of the good faith exception in the direct appeal, but doesn’t say how the case could have come out different. Also, the briefs and opinion on appeal show that it was argued and there was probable cause [so the good faith exception issue was moot]. United States v. Thomas, 2021 U.S. Dist. LEXIS 227141 (W.D.Va. Nov. 23, 2021).

Defense counsel made a reasonable determination not to pursue a Franks challenge because it would fail. Korte v. United States, 2021 U.S. Dist. LEXIS 227028 (C.D.Cal. Nov. 23, 2021).*

Plaintiff’s complaint stated a basis for a knock-and-announce violation and the district court erred in dismissing the claim and sua sponte granting qualified immunity. James v. City of Detroit, 2021 U.S. App. LEXIS 35069 (6th Cir. Nov. 23, 2021).*

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