An in camera submission of materials to rebut defendant’s Franks claim required a hearing. Defendant was entitled to see it and then respond. United States v. Lewis, 2019 U.S. Dist. LEXIS 81937 (E.D. Wis. May 15, 2019), reconsideration denied, 2019 U.S. Dist. LEXIS 115328 (E.D. Wis. July 11, 2019). Which begs the question of Franks hearings in the first place: This court spent so much time [or the law clerk did] dealing with the Franks issue after the R&R that it would have been better to have just summarily ordered a Franks hearing and be done with it.
On post-conviction, the court considers the merits of the search claim and whether there was prejudice to the defendant. While the court is troubled by the police handling of the search, on balance, there was probable cause for the search, and the search warrant would have issued anyway. Also, the “two issue” rule applies: defendant’s challenge of one issue of support for the warrant doesn’t undermine another, so no error. Pierce v. State, 2019 Iowa App. LEXIS 513 (May 15, 2019).*