Fourth Amendment - police responding to a written request to remove a fellow occupant from the house informed the deft that they had a search warrant. Officer claims that this was to protect the woman who had filed the request. All agree that the subsequent search violated 4A - the question is whether the officer's actions qualify for the good faith exception to the Exclusionary Rule -- court holds emphatically that it doesn't.
http://www.ca4.uscourts.gov/Opinions/Published/144695.P.pdf
Since 2011. An occasional commonplacing of the U.S. Circuit Courts of Appeal.
Neither an authoritative statement of the law nor legal advice. Quick work.
Second Circuit: Milan v. Wertheimer
Children's law guardians are not state actors for purposes of S1983 actions.
SOL had run against the other defendants.
http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/2/doc/14-3527_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/2/hilite/
SOL had run against the other defendants.
http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/2/doc/14-3527_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/2/hilite/
Second Circuit: Mangino v. Inc. Vill. of Patchogue
S1983.
First Amendment retaliation: warrantless entry and abuse of process by a housing inspector against an unregistered landlord not a basis for retaliation claim, as (1) there was probable cause for the eventual citation by the time that the citation was filed (as opposed to entry made), and (2) no showing that the regulatory process was excessive.
Abuse of process: there was no clearly established constitutional right to be free of abuse of process in a situation where probable cause exists.
No error in Jury Instructions.
http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/doc/14-3253_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/hilite/
First Amendment retaliation: warrantless entry and abuse of process by a housing inspector against an unregistered landlord not a basis for retaliation claim, as (1) there was probable cause for the eventual citation by the time that the citation was filed (as opposed to entry made), and (2) no showing that the regulatory process was excessive.
Abuse of process: there was no clearly established constitutional right to be free of abuse of process in a situation where probable cause exists.
No error in Jury Instructions.
http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/doc/14-3253_opn.pdf#xml=http://www.ca2.uscourts.gov/decisions/isysquery/e3ab5106-0b65-43b4-8bb7-5ac49983eaa6/1/hilite/
First Circuit: Bucci v. US (12/21)
Habeas for ineffective assistance denied.
Deft asked counsel to negotiate plea, counsel told deft that he did, but didn't in fact negotiate, as he thought it would be futile.
District court denial of second/successive construed as application to Circuit to file.
This is the third petition, second was construed as joint habeas/60(b), dismissed as to both.
Third cannot be construed as first in time due to unavailability of evidence for claim in the earlier petition -- congressional intent, among other things.
http://media.ca1.uscourts.gov/pdf.opinions/13-2418P-01A.pdf
Deft asked counsel to negotiate plea, counsel told deft that he did, but didn't in fact negotiate, as he thought it would be futile.
District court denial of second/successive construed as application to Circuit to file.
This is the third petition, second was construed as joint habeas/60(b), dismissed as to both.
Third cannot be construed as first in time due to unavailability of evidence for claim in the earlier petition -- congressional intent, among other things.
http://media.ca1.uscourts.gov/pdf.opinions/13-2418P-01A.pdf
A new title
When this blog resumes publication in the next few days, it will largely operate along the lines of The Manhattan Barrister, which the present author edited in the final year of law school and for a few years thereafter. It is quick work, not to be regarded as authoritative in any way, but hopefully of use to academics, practitioners, and citizens.
The general idea is that once a day, the precedential slip opinions from the Circuit Courts of Appeal are listed, described, linked,and placed in searchable categories.
- CB
The general idea is that once a day, the precedential slip opinions from the Circuit Courts of Appeal are listed, described, linked,and placed in searchable categories.
- CB
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