{"id":62608,"date":"2026-01-03T00:00:00","date_gmt":"2026-01-03T05:00:00","guid":{"rendered":"https:\/\/fourthamendment.com\/?p=62608"},"modified":"2026-01-03T08:56:26","modified_gmt":"2026-01-03T13:56:26","slug":"d-n-h-late-disclosed-sw-application-doesnt-show-actual-innocence-legal-innocence-is-different","status":"publish","type":"post","link":"https:\/\/fourthamendment.com\/?p=62608","title":{"rendered":"D.N.H.: Late disclosed SW application doesn&#8217;t show &#8220;actual innocence&#8221;; &#8220;legal innocence&#8221; is different"},"content":{"rendered":"\n<p>Petitioner obtained his search warrant application years after he was convicted. His habeas is denied. He claims it shows he was actually innocent, but this is only potential legal innocence, not actual innocence, and there\u2019s a difference. Davis v. Warden, FCI Berlin, 2025 U.S. Dist. LEXIS 263415 (D.N.H. Nov. 18, 2025).*<\/p>\n\n\n\n<p>\u201cThe State of Tennessee and other interested parties are invited to file briefs in this case expressing views as amici curiae \u2026. The Court is particularly interested in briefing on the following issue: whether an officer&#8217;s accidental shooting of a bystander constitutes a Fourth Amendment violation and therefore qualifies as an \u2018injury aris[ing] out of \u2026 civil rights\u2019 under Tennessee Code Annotated section 29-20-205(2).\u201d Guirguis v. Metro. Gov&#8217;t of Nash., 2025 Tenn. LEXIS 516 (Dec. 16, 2025).*<\/p>\n\n\n\n<p>Defendant\u2019s guilty plea waived her Fourth Amendment claim, and there\u2019s no claim defense counsel was ineffective. State v. Gibbons, 2025-Ohio-5713 (11th Dist. Dec. 22, 2025).*<\/p>\n\n\n\n<p><\/p>\n","protected":false},"excerpt":{"rendered":"<p>Petitioner obtained his search warrant application years after he was convicted. His habeas is denied. He claims it shows he was actually innocent, but this is only potential legal innocence, not actual innocence, and there\u2019s a difference. Davis v. Warden, &hellip; <a class=\"more-link\" href=\"https:\/\/fourthamendment.com\/?p=62608\">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":[129,133],"tags":[],"class_list":["post-62608","post","type-post","status-publish","format-standard","hentry","category-waiver","category-warrant-papers"],"_links":{"self":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62608","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=62608"}],"version-history":[{"count":2,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62608\/revisions"}],"predecessor-version":[{"id":62668,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=\/wp\/v2\/posts\/62608\/revisions\/62668"}],"wp:attachment":[{"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=62608"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Fcategories&post=62608"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/fourthamendment.com\/index.php?rest_route=%2Fwp%2Fv2%2Ftags&post=62608"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}