{"id":61187,"date":"2025-06-03T07:27:22","date_gmt":"2025-06-03T12:27:22","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=61187"},"modified":"2025-06-03T11:54:39","modified_gmt":"2025-06-03T16:54:39","slug":"s-d-ohio-casting-state-courts-failure-to-follow-4a-precedent-more-closely-as-a-due-process-violation-still-stone-barred","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=61187","title":{"rendered":"S.D.Ohio: Casting state court’s failure to follow 4A precedent more closely as a due process violation still Stone<\/em> barred"},"content":{"rendered":"\n

2254 petitioner\u2019s due process claim that the state court denied due process by not following precedent was barred by Stone. Allen v. Warden, SE. Corr. Inst., 2025 U.S. Dist. LEXIS 104131 (S.D. Ohio June 2, 2025).<\/p>\n\n\n\n

Defense counsel wasn\u2019t ineffective for not challenging warrantless placing of a GPS on defendant\u2019s vehicle where it had nothing to do with the case. Defendant\u2019s DNA was taken as abandoned in a restaurant and then matched to the crime. That happened before the GPS device was placed. Burdick v. Bousch, 2025 U.S. App. LEXIS 13280 (6th Cir. May 30, 2025).*<\/p>\n\n\n\n

Probation and police searched defendant\u2019s place for a handgun which wasn\u2019t found. He was arrested anyway. Later, his girlfriend, aware that the police were concerned about a gun inside, found a locked gun case and turned it over to the police. They got a warrant to open the case. Turning over the gun was a private search. State v. Langley, 319 Neb. 67 (May 30, 2025).*<\/p>\n\n\n\n

While other Florida appellate courts have held smell of marijuana alone not to be probable cause for a search, here there is more making probable cause. State v. Simpson, 2025 Fla. App. LEXIS 4138 (Fla. 6th DCA May 30, 2025).*<\/p>\n","protected":false},"excerpt":{"rendered":"

2254 petitioner\u2019s due process claim that the state court denied due process by not following precedent was barred by Stone. Allen v. Warden, SE. Corr. Inst., 2025 U.S. Dist. LEXIS 104131 (S.D. Ohio June 2, 2025). Defense counsel wasn\u2019t ineffective … 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":[23,126,51,43,20],"tags":[],"class_list":["post-61187","post","type-post","status-publish","format-standard","hentry","category-ineffective-assistance","category-issue-preclusion","category-plain-view","category-private-search","category-probable-cause"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61187","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=61187"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61187\/revisions"}],"predecessor-version":[{"id":61191,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/61187\/revisions\/61191"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=61187"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=61187"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=61187"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}