N.D.Tex.: Pet’r raised his 4A claim at every level in state court, and that forecloses habeas relief on the merits

Petitioner raised in his 2254 a lack of probable cause for the search warrant. “Petitioner raised this Fourth Amendment claim in the trial court, on direct appeal, and in his state habeas petition. He has failed to show he did not have a full and fair opportunity to litigate this claim in state court. His claim should therefore be denied.” Lewis v. Davis, 2018 U.S. Dist. LEXIS 220411 (N.D. Tex. Dec. 31, 2018).*

Defense counsel can’t be faulted for not mounting a Franks challenge to the search warrant since there wasn’t a search warrant. Morgan v. United States, 2019 U.S. Dist. LEXIS 15727 (W.D. Wash. Jan. 30, 2019).*

This entry was posted in Franks doctrine. Bookmark the permalink.

Comments are closed.