Topic
Every decision we've filed under Constitutional.
The Tenth Circuit affirmed the denial of a motion to suppress evidence, holding that a lessee's general consent to search a unit for a suspect extended to the unit's roof. The court found officers lawfully seized a firearm from the roof under the plain-view doctrine because the search remained within the scope of that consent.
The Tenth Circuit denied Heriberto Garcia-Rodriguez's request to file a successive habeas corpus motion under 28 U.S.C. § 2255. The court held that newly discovered evidence must undermine the conviction itself, not merely the sentence, to qualify for authorization.
The United States Court of Appeals for the Tenth Circuit dismissed a petition for review because the petitioner failed to prosecute the case. The court declined to address the underlying constitutional claims due to procedural inaction.
The Eleventh Circuit affirmed the denial of Jonathon Howard Beck's habeas motion, ruling that the record conclusively showed he received effective assistance of counsel. The court held that Beck's sworn statements during his plea colloquy created a formidable barrier to his claim that he did not understand his mandatory minimum sentences.
The Fifth Circuit affirmed the denial of a § 2255 motion, holding that a defendant cannot prove ineffective assistance of counsel based on a conflict of interest without showing that the conflict adversely affected the defense strategy. Although the attorney's dual representation created an actual conflict, the record showed the lawyer withdrew immediately upon discovery and took no substantive actions that harmed the client.
The Tenth Circuit denied Jesus Dominguez's request for a certificate of appealability, upholding the district court's dismissal of his federal habeas petition as untimely. The court found that Dominguez failed to show that reasonable jurists could debate the correctness of the procedural ruling regarding the statute of limitations.
The Tenth Circuit denied a certificate of appealability and dismissed a federal habeas petition because the district court's ruling on the statute of limitations was not reasonably debatable. The court found the one-year filing deadline expired in 2002 and the petitioner's subsequent state filings did not toll the period.
The Fifth Circuit affirmed Robert Spencer's convictions for possessing a firearm and an explosive device, ruling that police actions were justified by exigent circumstances. The court further held that any potential Fourth Amendment violation was attenuated from the evidence under the doctrine established in Utah v. Strieff.
The Eleventh Circuit dismissed a defendant's direct appeal challenging his sentence for ineffective assistance of counsel because his plea agreement contained an enforceable waiver of that right. The court held that the waiver was entered into knowingly and voluntarily after the district court specifically questioned the defendant about it during the plea colloquy.
The Ninth Circuit affirmed the dismissal of David Diaz's civil rights lawsuit, ruling that his claims are barred because they would imply the invalidity of his 1999 conviction. The court further held that the doctrine of res judicata prevents Diaz from relitigating claims he previously brought in a 2001 suit.