Seneca Loyal Neal v. United States
FourthAmendment FifthAmendment HabeasCorpus CriminalProcedure
Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court's denial of Mr. Neal's 28-USC-2255-claim
Question Presented Whether the Court of Appeals for the Ninth Circuit erred in affirming the District Court’s denial of Mr. Neal’s 28 USC 2255 claim, where the District Court found Troopers’ entry into the apartment building (where key evidence was gathered) to be illegal, where trial counsel failed to utilize the Trooper’s body audio in advocating for suppression, and where the Court of Appeals found that even if trial counsel had been ineffective in failing to utilize the body audio, Mr. Neal suffered no prejudice. Here, the audio established that Mr. Neal’s constitutional rights had been violated multiple times, the government’s best evidence linking Mr. Neal to the drug conspiracy was discovered during the search following the illegal entry, and the remainder of the government's evidence was the testimony of witnesses who lacked credibility. Considering the above, did the Ninth Circuit err in dismissing the 28 USC 2255 claim where Mr. Neal’s Constitutional rights were repeatedly violated? i