{"id":22600,"date":"2016-06-17T07:34:13","date_gmt":"2016-06-17T12:34:13","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=22600"},"modified":"2016-06-17T07:34:13","modified_gmt":"2016-06-17T12:34:13","slug":"ca10-state-courts-harmlessness-determination-was-binding-under-stone-v-powell","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=22600","title":{"rendered":"CA10: State court&#8217;s harmlessness determination was binding under Stone v. Powell"},"content":{"rendered":"<p>Defendant raised the legality of a search in the trial court, but not everything that was seized. The court of criminal appeals considered the remainder and found it harmless error. On habeas, defendant had a full and fair opportunity to raise the issues in state court, and they couldn\u2019t be determined in habeas under Stone v. Powell. <a href=\"http:\/\/www.ca10.uscourts.gov\/opinions\/16\/16-6080.pdf\">Harmon v. McCollum<\/a>, 2016 U.S. App. LEXIS 10868 (10th Cir. June 14, 2016).<\/p>\n<p>Defendant\u2019s vehicle was stopped because of a missing side mirror and flapping trim. Then defendant was found driving on a suspended DL. Then the officer got out a drug dog that alerted. The stop was reasonable through all of that. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/12\/2016\/2016-Ohio-3399.pdf\">State v. Kremer<\/a>, 2016-Ohio-3399, 2016 Ohio App. LEXIS 2261 (12th Dist. June 13, 2016).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant raised the legality of a search in the trial court, but not everything that was seized. The court of criminal appeals considered the remainder and found it harmless error. On habeas, defendant had a full and fair opportunity to &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=22600\">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":[23,35],"tags":[],"class_list":["post-22600","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-reasonable-suspicion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22600","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=22600"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22600\/revisions"}],"predecessor-version":[{"id":22601,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/22600\/revisions\/22601"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=22600"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=22600"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=22600"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}