TN: Without affidavit for SW being in record, search issues waived

“Because the affidavit is not part of the record and because the Defendant includes no argument regarding the validity of the search warrant, we consider any challenge to the search conducted pursuant to the search warrant waived.” State v. Green, 2019 Tenn. Crim. App. LEXIS 240 (Apr. 15, 2019)

A search warrant was not required to install a beeper on an incoming package, so defense counsel wasn’t ineffective for not pursuing it. United States v. Irby, 2019 U.S. Dist. LEXIS 64228 (N.D. Ohio Apr. 15, 2019).*

This 2255 petitioner seeks to depose a member of defense counsel’s staff to prove that defense counsel committed fraud or perjury about not litigating his search claim back in the beginning. This is a successor petition and denied. United States v. Williams, 2019 U.S. Dist. LEXIS 64187 (D. Minn. Apr. 15, 2019).*

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