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CA10: State court's erroneous decision on search claim not subject to habeas

FourthAmendment.com - News - Sat, 2026-05-09 03:46

COA(2253(c)) in a 2254 denied on petitioner’s Fourth Amendment claim. The contention that the free standing Fourth Amendment claim was decided wrongly by state courts is barred under Stone v. Powell and AEDPA. McIntyre v. McKune, 2012 U.S. App. LEXIS 9435 (10th Cir. May 9, 2012):

Unlike the situation in Gamble, however, there is no indication that the Kansas courts refused to recognize or apply the correct legal standards in this case. McIntyre's belief that the state courts decided the claim wrongly does not mean that he was denied a full and fair opportunity to litigate. See Matthews v. Workman, 577 F.3d 1175, 1194 (10th Cir. 2009). He was able to brief his arguments, and the trial court held a hearing on whether to hold a Franks hearing. At that hearing, in addition to concluding that a Franks hearing was not warranted, the trial court held that the omissions were not material. McIntyre's counsel declined to raise suppression in his direct criminal appeal, but the Kansas Court of Appeals allowed McIntyre to file a pro se supplemental brief challenging the denial of suppression. After the Kansas Court of Appeals specifically acknowledged the pro se brief and stated that the arguments were meritless, McIntyre again on direct appeal was able to file a pro se petition for review to place the issue before the Kansas Supreme Court. No reasonable jurist would find it debatable whether McIntyre had a full and fair opportunity to litigate his Fourth Amendment claim in the Kansas courts.2 See Miranda v. Cooper, 967 F.2d 392, 401 (10th Cir. 1992) (concluding that defendant had a full and fair opportunity to litigate, even though he did not receive a Franks hearing).

Toure wants Man City to dominate

BBC - News - Sat, 2026-05-09 03:46
Yaya Toure tells BBC Sport he wants to help Manchester City become the biggest club in the world.
Categories: BBC, News

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Obama not worried about being upstaged by Biden

AP - U.S. News - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....
Categories: Associated Press, News, US

Obama not worried about being upstaged by Biden

AP - Politics - Sat, 2026-05-09 03:46
WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

Abattoir goes into administration

BBC - News - Sat, 2026-05-09 03:46
An abattoir and a meat producer in Gwynedd ceases trading, with fears for 35 jobs, after going into administration with combined debts of almost £650,000.
Categories: BBC, News

S.D.Ind.: The fact there was an innocent explanation does not undermine PC for SW

FourthAmendment.com - News - Sat, 2026-05-09 03:46

The fact there were innocent explanations for what was described in the application for the search warrant does not undermine probable cause. The showing as to one of the searches was not supported and was thus waived. United States v. Durham, 2012 U.S. Dist. LEXIS 65126 (S.D. Ind. May 9, 2012):

Mr. Durham's motion also purports to challenge the fruits of a search warrant issued in Ohio. [See dkt. 153 at 1.] He has not provided the Court with a copy of that warrant, its application, or with any argument specifically addressing the legal and factual circumstances for that warrant (including, for example, an explanation of the extent of his reasonable expectation of privacy there). Those failures constitute a waiver of any argument that he may have had, for lack of cogent development. E.g., Kawasaki Heavy Indus. v. Bombardier Rec. Prods., 660 F.3d 988, 994 n.3 (7th Cir. 2011) (citation omitted).

Inmate telephone calls out of a federal prison are recorded, and recording and listening to one is not an illegal search. United States v. Bassett, 2012 U.S. Dist. LEXIS 65068 (E.D. Mo. April 13, 2012).*

Officer suspended in racism probe

BBC - News - Sat, 2026-05-09 03:46
A Metropolitan Police officer is suspended from duty after allegations he made a racist comment in front of his colleagues.
Categories: BBC, News

Americans divided as Obama endorses gay marriage

AP - U.S. News - Sat, 2026-05-09 03:46
IOWA CITY, Iowa (AP) -- Kate Varnum was at her Iowa home watching her newly adopted infant son when news flashed that Barack Obama had become the first sitting U.S. president to endorse equal marriage rights for same-sex couples....
Categories: Associated Press, News, US

Pedophilia Groups Invade Facebook

TruthNews.US - News - Sat, 2026-05-09 03:46
Infowars.com | Chelsea Schilling of World Net Daily covers Facebook's selective censorship and their inability to stop pedophilia groups.

U.S. Army Re-Education Manual: Yet More Chilling Revelations

TruthNews.US - News - Sat, 2026-05-09 03:46
Infowars.com | Fort Leonard Wood Public Affairs director Tiffany Wood has provided the first official response to the shocking U.S. Army document that outlines the implementation of re-education camps.

US missile defence test 'success'

BBC - News - Sat, 2026-05-09 03:46
US forces destroy a target missile in the first successful test of a new Raytheon Co interceptor, designed to play a major role in missile defence.
Categories: BBC, News
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