Defendant\u2019s 2255 claim that defense counsel was ineffective for not challenging a search is belied by trial testimony, the only suggestion there is, that the search was by consent. Francis v. United States, 2020 U.S. Dist. LEXIS 245228 (N.D. Ohio Dec. 30, 2020).*<\/p>\n\n\n\n
\u201cBecause the challenged statements in the affidavit were not necessary to a showing of probable cause, Higareda’s attorney cannot have been ineffective for failing to request a Franks hearing.\u201d United States v. Higareda, 2020 U.S. Dist. LEXIS 245175 (E.D. Ky. Dec. 31, 2020).*<\/p>\n\n\n\n
The state affidavit for search warrant, at least as supplemented by oral testimony, showed probable cause, and the good faith exception also applies. United States v. Allen, 2020 U.S. Dist. LEXIS 245179 (M.D. Ala. Dec. 4, 2020),* adopted, 2020 U.S. Dist. LEXIS 244557 (M.D. Ala. Dec. 30, 2020).*<\/p>\n","protected":false},"excerpt":{"rendered":"
Defendant\u2019s 2255 claim that defense counsel was ineffective for not challenging a search is belied by trial testimony, the only suggestion there is, that the search was by consent. Francis v. United States, 2020 U.S. Dist. LEXIS 245228 (N.D. Ohio … Continue reading