· 1/26/2015
Christopher Covey v. Assessor of Ohio County
Citations
- 777 F.3d 186
- 2015 WL 309598
- 2015 U.S. App. LEXIS 1113
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- holding that the knock-and-talk doctrine would permit police to proceed directly to a home’s patio area only if officers saw the defendant on the patio before they entered the curtilage
- explaining that the exception recognized in Wilson applies only if a petitioner could not have “practicably sought habeas relief while in custody”
- explaining that the exception recognized in Wilson applies only if a petitioner could not have “practicably sought habeas relief while in custody”
- noting that Heck did not bar a claim of unreasonable or illegal search where the conviction derived from a guilty plea and he never sought to suppress the evidence underlying his conviction
- noting that Rule 12(d) “provide[s] an option for a court to either (A) consider ‘matters outside the pleadings’ and treat a motion to dismiss ‘as one for summary judgment’ or (b) exclude the matters”
- recognizing Heck bars a Bivens claim if (1) a judgment in favor of the plaintiff would necessarily imply the invalidity of his conviction and (2) the claim is brought by a plaintiff currently in custody
Source: CourtListener parenthetical corpus (CC0).
Judges: Gregory, Floyd, Thacker
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.