Petitioner raised in his 2254 a lack of probable cause for the search warrant. \u201cPetitioner raised this Fourth Amendment claim in the trial court, on direct appeal, and in his state habeas petition. He has failed to show he did not have a full and fair opportunity to litigate this claim in state court. His claim should therefore be denied.\u201d Lewis v. Davis, 2018 U.S. Dist. LEXIS 220411 (N.D. Tex. Dec. 31, 2018).* <\/p>\n
Defense counsel can\u2019t be faulted for not mounting a Franks challenge to the search warrant since there wasn\u2019t a search warrant. Morgan v. United States, 2019 U.S. Dist. LEXIS 15727 (W.D. Wash. Jan. 30, 2019).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Petitioner raised in his 2254 a lack of probable cause for the search warrant. \u201cPetitioner raised this Fourth Amendment claim in the trial court, on direct appeal, and in his state habeas petition. He has failed to show he did … Continue reading