“Generally, the fact that a defendant wishes to seek a Franks hearing ‘does not entitle him or her to additional discovery before the Franks hearing.’” The government stated it has provided discovery required by Rule 16. Defendant’s request for further discovery to attempt to prove a Franks violation, a suppression motion not yet filed, is speculative. The government is ordered to comply with Brady and Giglio including information shared with state officials investigating a homicide. United States v. Pickens, 2020 U.S. Dist. LEXIS 67884 (D. Minn. Apr. 16, 2020).
It is well established that there is no reasonable expectation of privacy in use at trial of a jail phone call, so defense counsel couldn’t be ineffective for not raising it. Keller v. State, 2020 Ga. LEXIS 289 (Apr. 20, 2020).