In this 2254, without citing Stone v. Powell, the court holds on the merits of the Fourth Amendment claim that misstatements in the arrest warrant affidavit did not prejudice the petitioner because it would not have prevented the trial. Harris v. Morrison, 2023 U.S. App. LEXIS 12489 (6th Cir. May 19, 2023).<\/p>\n\n\n\n
A Fourth Amendment child-seizure claim belongs only to the child, not to the parent, although a parent has standing to assert it on the child’s behalf. Dabah v. Franklin, 2023 U.S. App. LEXIS 12468 (2d Cir. May 22, 2023).*<\/p>\n\n\n\n
\u201c\u2018To succeed on a fabricated-evidence claim, a plaintiff must establish that ‘an (1) investigating official (2) fabricate[d] information (3) that is likely to influence a jury’s verdict, (4) forward[ed] that information to prosecutors, and (5) the plaintiff suffe[red] a deprivation of life, liberty, or property as a result.\u2019 Ashley v. City of New York, 992 F.3d 128, 139 (2d Cir. 2021) (alterations in original) (quoting Garnett v. Undercover Officer C0039, 838 F.3d 265, 279 (2d Cir. 2016)).\u201d Barnes v. City of N.Y., 2023 U.S. App. LEXIS 12465 (2d Cir. May 22, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"
In this 2254, without citing Stone v. Powell, the court holds on the merits of the Fourth Amendment claim that misstatements in the arrest warrant affidavit did not prejudice the petitioner because it would not have prevented the trial. Harris … Continue reading