E.D.Pa.: Tearing down plaintiff’s building was a seizure under Soldal

Tearing down plaintiff’s building was a seizure under Soldal. The record thus far precludes summary judgment. Dvortsova v. City of Philadelphia, 2022 U.S. Dist. LEXIS 23868 (E.D.Pa. Feb. 9, 2022).

Defendant’s 2255 claim that defense counsel was ineffective for not filing a motion to suppress because the affidavit for the search warrant was “bare bones” is rejected. United States v. Session, 2022 U.S. Dist. LEXIS 23891 (E.D.La. Feb. 10, 2022).*

Defense counsel wasn’t ineffective for not pursuing a motion to suppress. “In the context of his challenge to counsel’s performance on the wiretap suppression motion, that means Garrison ‘must prove that his Fourth Amendment claim is meritorious and that there is a reasonable probability that the verdict would have been different, absent the excludable evidence, to demonstrate actual prejudice.’” The district court held he could not, and a CoA is denied. United States v. Garrison, 2022 U.S. App. LEXIS 3703 (10th Cir. Feb. 10, 2022).*