Defendant’s phone records were obtained by court order. Therefore, his counsel wasn’t ineffective for not challenging the state’s obtaining them. State v. Pram, 2017 La. LEXIS 2958 (Dec. 15, 2017).
Defendant first lied about his name, but an officer there knew him and asked if he had anything on him, and he admitted it, and that was reasonable suspicion. Therefore, defense counsel wasn’t ineffective for not challenging the search incident to his valid arrest. Greene v. State, 2017 Mo. App. LEXIS 1333 (Dec. 19, 2017).*
Defendant already lost a 2255 on the adequacy of defense counsel’s representation as to his search issue. Raising it again via F.R.C.P. 60 is to no avail. Snyder v. United States, 2017 U.S. Dist. LEXIS 208517 (W.D. N.Y. Dec. 18, 2017).*