Defendant was in a car wreck that killed another at 1 am, New Years Day 2014. There were three blood draws: one for medical purposes at the hospital, one directed by the police at the hospital, and one after a search warrant was issued. The warrant application did not mention the prior blood draws. This is not a Franks issue because it isn’t material and the search warrant would have issued anyway. Islas v. State, 2018 Tex. App. LEXIS 8614 (Tex. App. – Houston (14th Dist.) Oct. 23, 2018).
Defendant’s 2255 argument that defense counsel failed to challenge the alleged consent search of his home is rejected. Defense counsel did. There was a suppression hearing, and defendant lost. Lee v. United States, 2018 U.S. Dist. LEXIS 181524 (E.D. Mo. Oct. 23, 2018).*