Terry Alexander Wade v. Stanley Williams, Warden
HabeasCorpus CriminalProcedure Privacy
Whether the government's warrantless seizure and indefinite retention of a person's personal property violates the Fourth Amendment's prohibition on unreasonable searches and seizures
No question identified. : 1. A CERTIFICATE OF APPEALABILITY WAS WRONGFULLY DENIED BY THE ELEVENTH CIRCUIT AS TO THE ISSUES OF CONFLICTED, INEFFECTIVE TRIAL AND APPELLATE/POST CONVICTION COUNSEL, AND ERRORS BY THE TRIAL COURT WHO FAILED TO INSTRUCT THE JURY AS TO LESSER INCLUDED OFFENSE AND ALIBI, WHICH DENIED WADE A FAIR TRIAL IN VIOLATION OF THE FIFTH AND SIXTH AMENDMENTS TO THE U.S. CONSTITUTION. THE ELEVENTH CIRCUIT ERRED IN DENYING THE COA, AFTER WADE DEMONSTRATED THAT THERE WAS A DENIAL OF ONE OR MORE SUBSTANTIAL CONSTITUTIONAL RIGHTS, WHICH CAUSED HIS CONVICTION, AND WHICH WOULD GIVE THE REASONABLE JURIST PAUSE TO QUESTION THE RELIABILITY OF THE CONVICTION AND THE ULTIMATE VERDICT. Il. THE LAW IN GEORGIA HAS CHANGED AS OF FEBRUARY 10, 2020, STATE V. LANE, 308 Ga. 10 (2020) . THE CUMULATIVE EFFECT OF TWO OR MORE INDIVIDUALLY HARMLESS ERRORS ARE NOW RECOGNIZED TO PREJUDICE A DEFENDANT TO THE SAME EXTENT AS A SINGLE REVERSIBLE ERROR. WADE’S CASE SHOULD BE REMANDED TO THE STATE COURTS FOR A CUMULATIVE ERROR EVALUATION, CONSIDERING THE NEW LAW. 1