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COA(2253(c)) in a 2254 denied on petitioner’s Fourth Amendment claim. The contention that the free standing Fourth Amendment claim was decided wrongly by state courts is barred under Stone v. Powell and AEDPA. McIntyre v. McKune, 2012 U.S. App. LEXIS 9435 (10th Cir. May 9, 2012):

Unlike the situation in Gamble, however, there is no indication that the Kansas courts refused to recognize or apply the correct legal standards in this case. McIntyre's belief that the state courts decided the claim wrongly does not mean that he was denied a full and fair opportunity to litigate. See Matthews v. Workman, 577 F.3d 1175, 1194 (10th Cir. 2009). He was able to brief his arguments, and the trial court held a hearing on whether to hold a Franks hearing. At that hearing, in addition to concluding that a Franks hearing was not warranted, the trial court held that the omissions were not material. McIntyre's counsel declined to raise suppression in his direct criminal appeal, but the Kansas Court of Appeals allowed McIntyre to file a pro se supplemental brief challenging the denial of suppression. After the Kansas Court of Appeals specifically acknowledged the pro se brief and stated that the arguments were meritless, McIntyre again on direct appeal was able to file a pro se petition for review to place the issue before the Kansas Supreme Court. No reasonable jurist would find it debatable whether McIntyre had a full and fair opportunity to litigate his Fourth Amendment claim in the Kansas courts.2 See Miranda v. Cooper, 967 F.2d 392, 401 (10th Cir. 1992) (concluding that defendant had a full and fair opportunity to litigate, even though he did not receive a Franks hearing).

WASHINGTON (AP) -- President Barack Obama says he'd already decided to come out for gay marriage before Vice President Joe Biden publicly endorsed it....

The fact there were innocent explanations for what was described in the application for the search warrant does not undermine probable cause. The showing as to one of the searches was not supported and was thus waived. United States v. Durham, 2012 U.S. Dist. LEXIS 65126 (S.D. Ind. May 9, 2012):

Mr. Durham's motion also purports to challenge the fruits of a search warrant issued in Ohio. [See dkt. 153 at 1.] He has not provided the Court with a copy of that warrant, its application, or with any argument specifically addressing the legal and factual circumstances for that warrant (including, for example, an explanation of the extent of his reasonable expectation of privacy there). Those failures constitute a waiver of any argument that he may have had, for lack of cogent development. E.g., Kawasaki Heavy Indus. v. Bombardier Rec. Prods., 660 F.3d 988, 994 n.3 (7th Cir. 2011) (citation omitted).

Inmate telephone calls out of a federal prison are recorded, and recording and listening to one is not an illegal search. United States v. Bassett, 2012 U.S. Dist. LEXIS 65068 (E.D. Mo. April 13, 2012).*

IOWA CITY, Iowa (AP) -- Kate Varnum was at her Iowa home watching her newly adopted infant son when news flashed that Barack Obama had become the first sitting U.S. president to endorse equal marriage rights for same-sex couples....

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WASHINGTON (AP) -- The Obama administration is changing or eliminating a handful of regulations - from uniform street sign requirements to outdated hospital reporting rules - that it says could have cost the economy $6 billion over five years, part of a regulatory overhaul that will require agencies to periodically scrub their rule books in search of unnecessary mandates....

WASHINGTON (AP) -- The Obama administration is changing or eliminating a handful of regulations - from uniform street sign requirements to outdated hospital reporting rules - that it says could have cost the economy $6 billion over five years, part of a regulatory overhaul that will require agencies to periodically scrub their rule books in search of unnecessary mandates....

WASHINGTON (AP) -- About 21,000 inflatable water slides for in-ground pools are being recalled after the death of a 29-year-old mother....

WASHINGTON (AP) -- Medicare paid $5.6 billion to 2,600 pharmacies with questionable billings, including a Kansas drugstore that submitted more than 1,000 prescriptions each for two patients in just one year, government investigators have found....

WASHINGTON (AP) -- Medicare paid $5.6 billion to 2,600 pharmacies with questionable billings, including a Kansas drugstore that submitted more than 1,000 prescriptions each for two patients in just one year, government investigators have found....

WASHINGTON (AP) — It would take a mighty big pill box to hold them.

A pharmacy in Kansas billed Medicare for more than 1,000 prescriptions each for two patients in a single year, part of a pattern of questionable billings at 2,600 drugstores nationwide uncovered by federal investigators in a ...

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GUNTOWN, Miss. (AP) -- The Mississippi man on the run from a double-slaying thought he might be the father of the two girls he's now accused of kidnapping, his mother-in-law said....