{"id":55150,"date":"2023-06-13T07:22:06","date_gmt":"2023-06-13T12:22:06","guid":{"rendered":"http:\/\/fourthamendment.com\/?p=55150"},"modified":"2023-06-13T08:49:17","modified_gmt":"2023-06-13T13:49:17","slug":"ca10-2255-petitioner-learned-after-guilty-plea-a-c-communications-were-recorded-in-jail-no-relief-from-plea-because-no-effect-shown","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=55150","title":{"rendered":"CA10: 2255 petitioner learned after guilty plea A-C communications were recorded in jail; no relief from plea because no effect shown"},"content":{"rendered":"\n

2255 petitioner was in pretrial incarceration in the private jail in Leavenworth which notoriously recorded conversations between attorneys and clients. He pled guilty with the standard 2255 waiver. This violation of his rights does not survive the waiver, and he doesn\u2019t even allege ineffective assistance of counsel. United States v. Spaeth<\/a>, 2023 U.S. App. LEXIS 14632 (10th Cir. June 12, 2023) (an interesting opinion on Tollett v. Henderson, 411 U.S. 258 (1973)).<\/p>\n\n\n\n

No suppression hearing is required when the defense doesn\u2019t show a material fact dispute for a hearing. If it can be decided on the papers it will. United States v. Lyles, 322-011, 2023 U.S. Dist. LEXIS 100948 (S.D. Ga. May 1, 2023),* adopted, 2023 U.S. Dist. LEXIS 100122 (S.D. Ga. June 8, 2023).*<\/p>\n\n\n\n

\u201cAssuming appellant’s motion regarding the disposition of his digital property was a motion for a Franks hearing, appellant did not satisfy the three elements outlined above to establish a prima facie violation under Franks. \u2026 Accordingly, for this reason also, we conclude nothing was preserved for appellate review. \u2026\u201d Liebbe v. State, 2023 Tex. App. LEXIS 4025 (Tex. App. \u2013 Dallas June 9, 2023).*<\/p>\n","protected":false},"excerpt":{"rendered":"

2255 petitioner was in pretrial incarceration in the private jail in Leavenworth which notoriously recorded conversations between attorneys and clients. He pled guilty with the standard 2255 waiver. This violation of his rights does not survive the waiver, and he … 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":[21,113,111],"tags":[],"class_list":["post-55150","post","type-post","status-publish","format-standard","hentry","category-franks-doctrine","category-prison-and-jail-searches","category-suppression-hearings"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55150","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=55150"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55150\/revisions"}],"predecessor-version":[{"id":55152,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/55150\/revisions\/55152"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=55150"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=55150"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=55150"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}