{"id":39130,"date":"2019-08-13T18:31:39","date_gmt":"2019-08-13T23:31:39","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=39130"},"modified":"2019-08-13T18:31:39","modified_gmt":"2019-08-13T23:31:39","slug":"e-d-mich-2255-iac-challenge-to-warrant-completely-contradicted-by-record-of-conviction-and-appeal-this-was-farfetched","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=39130","title":{"rendered":"E.D.Mich.: 2255 IAC challenge to warrant completely contradicted by record of conviction and appeal [this was farfetched]"},"content":{"rendered":"

Defendant\u2019s 2255 Fourth Amendment\/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn\u2019t be ineffective for not coming up with that. United States v. Fonville, 2019 U.S. Dist. LEXIS 134949 (E.D. Mich. Aug. 12, 2019).<\/p>\n

Defendant\u2019s Franks challenge came post verdict. Even assuming it was timely based on what was learned at trial, it fails for lack of a \u201csubstantial basis\u201d of knowing or reckless falsity. United States v. Mayweather, 2019 U.S. Dist. LEXIS 135413 (D. Minn. Aug. 12, 2019).*<\/p>\n

Defendant was stopped at an immigration checkpoint and was told that his car was going to be inspected. Therefore, there is no issue of consent. He was seized at the checkpoint and couldn\u2019t leave. United States v. Norris, 2019 U.S. Dist. LEXIS 135165 (D. Ariz. Aug. 12, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"

Defendant\u2019s 2255 Fourth Amendment\/Sixth Amendment ineffectiveness challenge completely contradicts the position taken in the district court and his admissions before conviction and on appeal. Defense counsel couldn\u2019t be ineffective for not coming up with that. United States v. Fonville, 2019 … Continue reading →<\/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":[24,21,94,23],"tags":[],"class_list":["post-39130","post","type-post","status-publish","format-standard","hentry","category-consent","category-franks-doctrine","category-immigration-checkpoints","category-ineffective-assistance"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39130","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=39130"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39130\/revisions"}],"predecessor-version":[{"id":39131,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/39130\/revisions\/39131"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=39130"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=39130"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=39130"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}