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CA5: Probation revo subject to Heck bar

By John Wesley Hall, Jr.

A suit over false arrest under a probation revocation that implies invalidity of the underlying probation is barred by Heck. Cougle v. County of Desoto, 2008 U.S. App. LEXIS 23099 (5th Cir. November 7, 2008). A district court's failure to dismiss an entire action pursuant to Younger abstention does not qualify as a final decision under 28 U.S.C.S. § 1291, nor does it fit within the collateral order exception to that statute. Additionally, the district court's decision does not qualify as an interlocutory order as defined in 28 U.S.C.S. § 1292. Clark v. Adams, 2008 U.S. App. LEXIS 23158, 2008 FED App. 0684N (6th Cir. November 6, 2008) (unpublished).* Trial counsel was not ineffective for failure to raise state constitutional argument since the state supreme court's finding the state constitution had broader application occurred after the trial...continue to full post

Full post as published by Fourth Amendment on November 14, 2008 (boomark / email).