{"id":49516,"date":"2021-08-28T09:24:25","date_gmt":"2021-08-28T14:24:25","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=49516"},"modified":"2021-08-28T10:40:57","modified_gmt":"2021-08-28T15:40:57","slug":"ca10-changing-argument-on-a-carpenter-remand-is-waiver","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=49516","title":{"rendered":"CA10: Changing argument on a <em>Carpenter<\/em> remand is waiver"},"content":{"rendered":"\n<p>Defendant was the subject of a pre-Carpenter CSLI production, and his case was GVR\u2019ed in light of Carpenter. On remand in the District Court he raised a new issue which the court finds waived. \u201cWe conclude that the district court didn&#8217;t err in denying Thompson relief, on forfeiture grounds (he didn&#8217;t make his present argument as part of his previous appeal to this court) and on mandate grounds (his revised argument isn&#8217;t Carpenter-based in that it no longer concerns \u00a7 2703(d)).\u201d <a href=\"https:\/\/www.ca10.uscourts.gov\/sites\/ca10\/files\/opinions\/010110567886.pdf\">United States v. Thompson<\/a>, 2021 U.S. App. LEXIS 25949 (10th Cir. Aug. 27, 2021).<\/p>\n\n\n\n<p>Defendant\u2019s habeas petition alleging the government has an audio of an interview with him that would have aided in his suppression hearing is denied. There\u2019s no proof there is or ever was a recording. United States v. Parrish, 2021 U.S. Dist. LEXIS 162273 (S.D.Ohio Aug. 26, 2021).*<\/p>\n\n\n\n<p>The CIs here were sufficiently corroborated. There were also controlled buys for probable cause. United States v. Campbell, 2021 U.S. Dist. LEXIS 162268 (S.D.Ohio Aug. 27, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"<p>Defendant was the subject of a pre-Carpenter CSLI production, and his case was GVR\u2019ed in light of Carpenter. On remand in the District Court he raised a new issue which the court finds waived. \u201cWe conclude that the district court &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=49516\">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":[44,129],"tags":[],"class_list":["post-49516","post","type-post","status-publish","format-standard","hentry","category-informant-hearsay","category-waiver"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49516","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=49516"}],"version-history":[{"count":3,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49516\/revisions"}],"predecessor-version":[{"id":49522,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/49516\/revisions\/49522"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=49516"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=49516"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=49516"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}