\u201cPetroff asserts that each of his claims rely on \u2018the same newly discovered evidence.\u2019 However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be that law enforcement improperly acquired a search warrant, and, during their illegal search of his home and personal computer, discovered the evidence upon which the case against Petroff primarily rested. Although, if true, this conduct could rise to the level of a Fourth Amendment violation, even assuming that Petroff described his \u2018newly discovered evidence,\u2019 he does not adequately explain how it demonstrates his factual innocence. 28 U.S.C. \u00a7 2255(h)(1).\u201d In re Petroff, 2019 U.S. App. LEXIS 14950 (11th Cir. May 21, 2019).<\/p>\n","protected":false},"excerpt":{"rendered":"
\u201cPetroff asserts that each of his claims rely on \u2018the same newly discovered evidence.\u2019 However, Petroff does not appear to actually describe what the new evidence he has obtained is at any point. Moreover, Petroff’s central argument appears to be … Continue reading