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Can't relitigate search in 2255

By John Wesley Hall, Jr.

A 2255 petitioner litigated his motion to suppress in the original criminal case, and he sought to reopen it for post-conviction. The issue cannot be relitigated, and there was sufficient evidence without the product of the search to convict. Stevenson v. United States, 2009 U.S. Dist. LEXIS 3090 (N.D.W.Va. January 16, 2009).* "'[A]ny/all drugs, contraban[d] or items of evidence connected to but not limited to the (scales, pipes, baggies, cash, weapons, documents, etc.) use, [sale], and/or storage of these type items' [is not] so lacking in specificity as to cause the warrant to be constitutionally defective." Ex parte Jenkins, 2009 Ala. LEXIS 25 (January 16, 2009), aff'g State v. Jenkins, 2007 Ala. Crim. App. LEXIS 89 (Ala. Crim. App. May 25, 2007)...continue to full post

Full post as published by Fourth Amendment on January 27, 2009 (boomark / email).