D.Neb.: Mid-trial Franks motion based on testimony still fails

Defendant filed and lost a Franks motion. He renewed it mid-trial after testimony. This one fares no better. It’s based on a claim defense counsel should have interviewed the witness earlier for the Franks motion, but all this is speculative. United States v. Mazzulla, 2022 U.S. Dist. LEXIS 12468 (D.Neb. Jan. 24, 2022).

The affiant’s statement that defendant possessed trigger switches to convert Glock handguns into machine guns was not material nor misleading. He contended that they could be used on airsoft guns, but he provides nothing to show that. United States v. Hammond, 2022 U.S. Dist. LEXIS 11967 (E.D.Pa. Jan. 24, 2022).*

The trial starts tomorrow. Defendant’s motion in limine to bar admission of the product of a search as 404(b) evidence is denied. Prejudice does not outweigh relevance. United States v. Cooley, 2022 U.S. Dist. LEXIS 12517 (D.N.D. Jan. 24, 2022).*

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