Defendant’s claim that his cell phone search warrant violated the particularity requirement does not have to be decided because, if error, it is harmless beyond a reasonable doubt on this record. Pettigrew v. People, 2022 CO 2, 2022 Colo. LEXIS 1 (Jan. 10, 2022).
Defense counsel’s alleged ineffectiveness for not filing a motion to suppress wasn’t prejudicial where the government’s proof was overwhelming. No prejudice. Byrd v. United States, 2022 U.S. Dist. LEXIS 3815 (E.D.N.C. Jan. 7, 2022).*
Even if defense counsel was ineffective for not moving to suppress a text message that the officer happened to see while defendant was looking at his phone contacts, there was no reasonable likelihood of a different outcome at trial. While it was relevant to impeaching an alibi, other evidence in the record did more to impeach than this would have. Davis v. Sec’y, Dep’t of Corr., 2022 U.S. Dist. LEXIS 3825 (M.D.Fla. Jan. 7, 2022).*