{"id":43611,"date":"2020-05-06T09:12:58","date_gmt":"2020-05-06T14:12:58","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=43611"},"modified":"2020-05-06T09:12:58","modified_gmt":"2020-05-06T14:12:58","slug":"tn-dna-sample-was-subject-to-inevitable-discovery-where-def-was-subjected-to-another-one-for-a-homicide-two-years-later","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=43611","title":{"rendered":"TN: DNA sample was subject to inevitable discovery where def was subjected to another one for a homicide two years later"},"content":{"rendered":"\n<p>Defense counsel wasn\u2019t ineffective for not objecting to a DNA sample where defendant claimed it exceeded his consent. The post-conviction court found that it didn\u2019t. Moreover, discovery was inevitable because another DNA sample was validly taken two years later as to another victim which would have led to the same result. <a href=\"http:\/\/www.tsc.state.tn.us\/sites\/default\/files\/chapman.john_.opn_.pdf\">Chapman v. State<\/a>, 2020 Tenn. Crim. App. LEXIS 265 (Apr. 17, 2020).<\/p>\n\n\n\n<p>\u201cUndeterred by the AEDPA&#8217;s restriction on identical attacks against the same judgment, Petitioner now frames his argument in terms of a Brady violation, rather than a Fourth Amendment violation. However, the \u2018exculpatory evidence\u2019 allegedly withheld by prosecutors are judicial opinions, the knowledge of which would have, according to Petitioner&#8217;s frivolous argument, led a court to conclude that the seizure violated the Fourth Amendment. Accordingly, Petitioner&#8217;s theory of entitlement to relief is identical \u2014 and identically meritless \u2014 to that from his prior petitions.\u201d Hatten v. United States, 2020 U.S. Dist. LEXIS 68144 (S.D. Fla. Apr. 16, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defense counsel wasn\u2019t ineffective for not objecting to a DNA sample where defendant claimed it exceeded his consent. The post-conviction court found that it didn\u2019t. Moreover, discovery was inevitable because another DNA sample was validly taken two years later as &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=43611\">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":[57,68,126],"tags":[],"class_list":["post-43611","post","type-post","status-publish","format-standard","hentry","category-dna","category-inevitable-discovery","category-issue-preclusion"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43611","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=43611"}],"version-history":[{"count":1,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43611\/revisions"}],"predecessor-version":[{"id":43612,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/43611\/revisions\/43612"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=43611"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=43611"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=43611"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}