TX2: Judge’s failure to swear the SW affiant was fatal despite the fact there was a jurat on the papers that it was under oath

The judge issuing the search warrant didn’t swear the affiant, and the fact that the papers said it was under oath and there is a jurat isn’t enough. Wheeler v. State, 2019 Tex. App. LEXIS 2233 (Tex. App. – Ft. Worth Mar. 21, 2019).

Defendant raised a search issue involving a car that he disclaimed responsibility for. The motion to suppress was denied and the issue not appealed. His ineffective assistance of counsel claim for counsel not appealing an issue he’d lose on fails. He had no reasonable expectation of privacy in the car. United States v. Maddox, 2019 U.S. Dist. LEXIS 45541 (E.D. Tenn. Mar. 20, 2019).*

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