United States v. Garlick

I concur in the Court’s decision affirming Appellant’s conviction. I write separately, however, because I believe that the Court’s analysis should focus on the effect of the violation of Brady v. Maryland, 373 U.S. 83, 83 S.Ct. 1194, 10 L.Ed.2d 215 (1963), in the warrant affidavit, rather than on the Appellant’s imputed pretrial knowledge of that error.

Waiver

The majority disposes of Appellant’s claim principally based upon his failure to act on imputed knowledge of the misrepresentation in the warrant affidavit prior to entry of his guilty plea. Although the lead opinion never uses the term…