{"id":12480,"date":"2014-07-10T08:16:31","date_gmt":"2014-07-10T13:16:31","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=12480"},"modified":"2014-07-12T03:13:54","modified_gmt":"2014-07-12T08:13:54","slug":"ca10-heck-and-sol-barred-claim-that-2007-arrest-undermined-conviction","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=12480","title":{"rendered":"CA10: Heck and SoL barred claim that 2007 arrest undermined conviction"},"content":{"rendered":"<p>Plaintiff sued over his 2007 arrest to undermine his murder conviction. \u201cAs the district court correctly held, Mr. Williams\u2019s complaint implicates the validity of his conviction and sentence and therefore is barred under Heck v. Humphrey, 512 U.S. 477 (1994). Further, any false arrest or false imprisonment claim based on the 2007 arrest not barred by Heck is otherwise barred under the two-year statute of limitations applicable to this case.\u201d <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/14\/14-1198.pdf\">Williams v. Colorado Springs Police Dept.<\/a>, 2014 U.S. App. LEXIS 12924 (10th Cir. July 9, 2014).<\/p>\n<p>Defense counsel was not ineffective in dealing with defendant\u2019s arrest in Arizona that was a part of his Pennsylvania federal court conviction. There was plenty of reasonable suspicion to detain defendant during his stop for a truck equipment violation. United States v. Narcisse, 2014 U.S. Dist. LEXIS 93021 (M.D. Pa. July 9, 2014).*<\/p>\n<p>The affidavit for the search warrant showed probable cause to connect defendant\u2019s user names to access child pornography to him. United States v. De Foggi, 2014 U.S. Dist. LEXIS 93198 (D. Neb. June 9, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Plaintiff sued over his 2007 arrest to undermine his murder conviction. \u201cAs the district court correctly held, Mr. Williams\u2019s complaint implicates the validity of his conviction and sentence and therefore is barred under Heck v. Humphrey, 512 U.S. 477 (1994). &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=12480\">Continue reading <span class=\"meta-nav\">&rarr;<\/span><\/a><\/p>\n","protected":false},"author":2,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"footnotes":""},"categories":[45,23,20,35],"tags":[],"class_list":["post-12480","post","type-post","status-publish","format-standard","hentry","category-45","category-ineffective-assistance","category-probable-cause","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12480","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/users\/2"}],"replies":[{"embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=12480"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12480\/revisions"}],"predecessor-version":[{"id":12504,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/12480\/revisions\/12504"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=12480"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=12480"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=12480"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}