AR: Argument that SW was required not subpoena for text messages that came day after admission into evidence was waived

The defense argument that text messages were obtained by subpoena not search warrant was not preserved for review when the defense waited until the next day to object. Even if it had been preserved, the argument wasn’t fully developed, and the court won’t make the party’s arguments for him. State v. Duck, 2018 Ark. 267, 2018 Ark. LEXIS 263 (Sep. 27, 2018). [And if it had been preserved, the state would have won on good faith reliance on lack of binding precedent to the contrary. The murder was 2011 and defendant developed as a suspect in 2013, and that’s when the “search” occurred.]

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