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Federal Habeas Corpus: How to Raise a Fourth Amendment Claim

Loaded on Feb. 15, 2023 by Dale Chappell published in Criminal Legal News March, 2023, page 14
Filed under: Habeas Corpus, Fourth Amendment. Location: United States of America.

by Dale Chappell

The slam dunk for federal habeas claims, if such a thing exists, would be a claim that successfully challenges the evidence in a criminal case. By tossing the unlawfully-obtained evidence, not only would the conviction be overturned, but the prosecution wouldn’t have a case for …

 

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More from this issue:

  1. They Called 911 for Help. Police and Prosecutors Used a New Junk Science to Decide They Were Liars., by Brett Murphy
  2. Indiana Supreme Court: Defendant Who Was Both Victim of Crime and Suspect in Unrelated Crime Entitled to Pirtle Warning Prior to Police Asking for Consent to Search Home, by Anthony Accurso
  3. Federal Habeas Corpus: How to Raise a Fourth Amendment Claim, by Dale Chappell
  4. Seventh Circuit: State Court Decision Not Entitled to AEDPA Deference Due to Incorrect Legal Standard, Pro Se Habeas Petition Granted Based on Trial Counsel’s Failure to Present Expert Witness on Determinative Issue of Guilt Resulting in IAC, by Jacob Barrett
  5. Colorado Supreme Court: Police Lacked Reasonable Suspicion for Traffic Stop Based on Alleged Unsafe Lane Change, by Anthony Accurso
  6. California Court of Appeal: Right to Withdraw Plea 23 Years After Entered Because Counsel Failed to Properly Advise of Immigration Consequences and Defendant Mistakenly Believed Permanent Resident Status Barred Adverse Immigration Consequences, by David Reutter
  7. California Court of Appeal Affirms Grant of Suppression Motion Where Officer’s Pat Search of Defendant Based on High Crime Area, Baggy Clothes, Criminal Record, and Suspect in Separate Case, by Douglas Ankney
  8. New Jersey Supreme Court: Edwards Violation When Police Fail to Cease Interrogation After Suspect Makes Ambiguous Invocation of Right to Counsel and ‘Initiates’ Request for Further Communication with Police, by Jacob Barrett
  9. Missouri Supreme Court: Use of Out-of-Court Statement Admitted at Trial Exceeded Limited Purpose of Exception to Rule Against Hearsay Upon Which It Was Admitted, by Matthew Clarke
  10. Your Car Knows a Lot About You, and the Police Are Listening, by Michael Thompson
  11. Ohio Supreme Court: Defendant Has Reasonable and Legitimate Basis to Withdraw Guilty Plea Before Sentencing When He Discovers Evidence That Would Have Affected Decision, by Douglas Ankney
  12. California Court of Appeal: ‘Actual Killer’ Under Felony-Murder Rule Means Person ‘Who Personally Killed the Victim”, by Harold Hempstead
  13. Attorney General Garland Orders Federal Prosecutors to End Sentencing Disparities Between Crack and Powder Cocaine, by Matthew Clarke
  14. Governor of Oregon Leaves Legacy of Reformation While Leaving Office, by Kevin Bliss
  15. Nevada Supreme Court: Trial Court Erred in Denying Motion to Substitute Counsel Where Ample Evidence Showed Counsel Was Unprepared and Motion Timely, by Harold Hempstead
  16. Seventh Circuit: Defendant Entitled to Present Entrapment Defense Where ‘Some Evidence’ Exists of Government Inducement and Lack of Predisposition to Commit Crime, by Douglas Ankney
  17. Minneapolis Police Department Surveillance Operation Kneels on the Neck of the First Amendment, by Casey Bastian
  18. California Court of Appeal: Trial Court’s Denial of Faretta Request Without Finding of ‘Severe Mental Illness’ Denied Defendant Sixth Amendment Right to Self-Representation, by Matthew Clarke
  19. Ninth Circuit: No Qualified Immunity for Detective Who Arrested Anti-Police-Slogan Sidewalk Chalkers, but Not Other Chalkers Whose Content Wasn’t Anti-Police, Even Though There Was Probable Cause to Arrest, by Matthew Clarke
  20. Massachusetts Supreme Court: Commonwealth Failed to Show GPS Monitoring as Condition of Probation Is Constitutional, by Anthony Accurso
  21. Sixth Circuit Announces Nonretroactive Change in Sentencing Law Is Not an ‘Extraordinary and Compelling Reason’ Warranting a Sentence Reduction under Compassionate Release Statute, by Douglas Ankney
  22. Oregon Supreme Court: Federal Law Prohibits Elected DA’s Delegation of Wiretap Authority and Overbroad Initial Search Warrant Requires Suppression of Evidence Obtained as Result of Over 20 Subsequent Warrants, by Mark Wilson
  23. Invasions of Privacy for People on Electronic Monitoring Is a Warning of Worse Things to Come, by Benjamin Tschirhart
  24. The District of Colombia: Inside the Most Expansive Surveillance Network in America, by Casey Bastian
  25. Florida Supreme Court Settles Circuit Split, Holding Dual DUI Convictions Regarding Single Victim in Single Incident Violates Double Jeopardy, by David Reutter
  26. Houston Cop from Fatal Raid Lied in Other Cases, by Jayson Hawkins
  27. Electronic Freedom Foundation’s Atlas of Surveillance Helps You Watch Those Who Watch Us, by Michael Thompson
  28. Was the DNA at the Crime Scene Left by the Perpetrator – or by a Pet?, by Douglas Ankney
  29. New York Police Department Joins Crowdsourced Surveillance Ring Neighbors App, by Michael Thompson
  30. Registry of Approved Standards Adds Two New 3D Firearm Analysis Standards, by Casey Bastian
  31. FBI Heist Made Public, by Jayson Hawkins
  32. New San Francisco Ordinance Allows Police to Access Private Security Cameras, by Kevin Bliss
  33. Cruel and Unusual: Residency Restrictions Force Registrant to Die Among Strangers, by Eike Blohm, MD
  34. News in Brief

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