{"id":35820,"date":"2018-12-17T08:05:01","date_gmt":"2018-12-17T13:05:01","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=35820"},"modified":"2018-12-17T08:05:01","modified_gmt":"2018-12-17T13:05:01","slug":"oh2-csli-raised-first-in-appeal-reply-brief-isnt-timely-harmless-on-this-record-anyway","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=35820","title":{"rendered":"OH2: CSLI raised first in appeal reply brief isn&#8217;t timely; harmless on this record anyway"},"content":{"rendered":"<p>Defendant never raised CSLI until his reply brief on appeal after Carpenter came down, and a reply brief is too late. Even if he could have preserved the issue, the evidence was overwhelming and harmless. <a href=\"http:\/\/www.supremecourt.ohio.gov\/rod\/docs\/pdf\/2\/2018\/2018-Ohio-4997.pdf\">State v. Kennedy<\/a>, 2018-Ohio-4997, 2018 Ohio App. LEXIS 5326 (2d Dist. Dec. 14, 2018).*<\/p>\n<p>In an immigration removal, \u201cBecause even a successful motion to suppress would have yielded little practical benefit to Beltran-Trejo&#8217;s overall immigration proceeding, it was not unreasonable for his prior attorney to forgo a motion to suppress in favor of seeking prosecutorial discretion.\u201d <a href=\"https:\/\/cdn.ca9.uscourts.gov\/datastore\/memoranda\/2018\/12\/13\/15-72862.pdf\">Beltran-Trejo v. Whitaker<\/a>, 2018 U.S. App. LEXIS 35082 (9th Cir. Dec. 13, 2018).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant never raised CSLI until his reply brief on appeal after Carpenter came down, and a reply brief is too late. Even if he could have preserved the issue, the evidence was overwhelming and harmless. State v. Kennedy, 2018-Ohio-4997, 2018 &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=35820\">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":[84,23],"tags":[],"class_list":["post-35820","post","type-post","status-publish","format-standard","hentry","category-cell-site-location-information","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35820","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=35820"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35820\/revisions"}],"predecessor-version":[{"id":35821,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/35820\/revisions\/35821"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=35820"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=35820"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=35820"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}