To overcome Stone in a 2254, the petitioner has to proffer that he was denied a full and fair opportunity to litigate his Fourth Amendment claim. Failure to do so is fatal to claim. Bartels v. Arizona, 2022 U.S. Dist. LEXIS 57547 (D.Ariz. Feb. 24, 2022).
Defendant makes a Franks challenge as to drugs whether “close at hand” actually means in a residence. No matter; striking those words still leads to probable cause. United States v. Medlock, 2022 U.S. Dist. LEXIS 56785 (M.D.La. Feb. 23, 2022).*
Not challenging defendant’s criminal history recitation in an affidavit for search warrant was sound legal strategy on defense counsel’s part. Thomas v. United States, 2022 U.S. Dist. LEXIS 57535 (N.D.Ohio Mar. 29, 2022).*