IA: IAC Franks claim was speculative; def claims no facts at all

Defendant filed an ineffective assistance of counsel claim alleging that if defense counsel had investigated the officer’s allegations he’d have found a Franks challenge. This was purely speculative because not a word was provided about what such an investigation would have found. The IAC claim was properly denied. Ware v. State, 2018 Iowa App. LEXIS 278 (Mar. 21, 2018).

Defendant’s pro se letter to the court is treated as a motion to suppress. One claim was that the affidavit for the search warrant was untrue. “Defendant’s motion fails to meet the threshold showing required under Franks. His motion to suppress for alleged false statements within the warrant application should be denied.” United States v. Parsons, 2018 U.S. Dist. LEXIS 44454 (D. Neb. Mar. 19, 2018).*

Defendant filed two suppression motions and had two hearings. The CI was shown to be properly corroborated and defendant’s Franks challenge failed. The state told defense counsel by email that the officers wouldn’t be present at the second hearing but defense counsel didn’t subpoena them, and the court left the record open and nothing else was added. State v. Robbins, 2018 Iowa App. LEXIS 300 (Mar. 21, 2018).*