The court issued a search warrant for defendant\u2019s cell phone for photographs of nude minors. The fact he had an account that allegedly deleted pictures when they were viewed doesn\u2019t undermine the probable cause. United States v. Young, 2021 U.S. Dist. LEXIS 238747 (D.Idaho Dec. 13, 2021).<\/p>\n\n\n\n
In his 2254 successor petition after the first was denied in 2009, petitioner raises Daubert (1993) challenge as new constitutional rule. It\u2019s not new and it\u2019s not a constitutional rule. In re Hall, 2021 U.S. App. LEXIS 36949 (6th Cir. Dec. 14, 2021).*<\/p>\n\n\n\n
CoA denied: \u201cReasonable jurists would agree that Peake’s Fourth Amendment claim is not meritorious and that counsel therefore did not render ineffective assistance. Peake fails to cite any legal authority that the police acted improperly, even if they did in fact suggest to Brown that Peake had the gun and she nodded in response. He also fails to show that the statement he identifies in the affidavit as false meets the Franks standard.\u201d Peake v. United States, 2021 U.S. App. LEXIS 36948 (6th Cir. Dec. 14, 2021).*<\/p>\n","protected":false},"excerpt":{"rendered":"
The court issued a search warrant for defendant\u2019s cell phone for photographs of nude minors. The fact he had an account that allegedly deleted pictures when they were viewed doesn\u2019t undermine the probable cause. United States v. Young, 2021 U.S. … Continue reading