Raising a new issue on a motion to suppress in the reply brief is a waiver because the government didn\u2019t get to address it at the hearing. United States v. Young, 2014 U.S. Dist. LEXIS 122221 (D. Me. September 1, 2014).<\/p>\n
Petitioner\u2019s raising the search issue as an offshoot of a Miranda issue is barred as a relitigation of the motion to suppress in the 2255. United States v. Bridgewater, 2014 U.S. Dist. LEXIS 122085 (N.D. Fla. April 24, 2014).*<\/p>\n
Defense counsel was not ineffective for not raising a lack of probable cause for defendant\u2019s arrest because there clearly was and the good faith exception would apply. Based on an issue discussed in the concurring opinion on the direct appeal (United States v. Wright, 739 F.3d 1160 (8th Cir. 2014)), the district court would have addressed that issue directly, too, and the outcome wouldn\u2019t change. No COA will issue. United States v. Wright, 2014 U.S. Dist. LEXIS 122569 (E.D. Ark. September 3, 2014).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Raising a new issue on a motion to suppress in the reply brief is a waiver because the government didn\u2019t get to address it at the hearing. United States v. Young, 2014 U.S. Dist. LEXIS 122221 (D. Me. September 1, … Continue reading