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CAAF: Military child porn search warrant survives Franks challenge

By John Wesley Hall, Jr.

A factual misstatement in the CID affidavit for the search warrant for defendant’s computer survived a Franks challenge because there still was probable cause after omitting it. United States v. Clayton, 2010 CAAF LEXIS 274 (March 17, 2010),* aff'g United States v. Clayton, 2008 CCA LEXIS 599 (A. Ct. Crim. App. May 9, 2008) (unpublished). Defense counsel was not ineffective for not raising a search issue on appeal because it would clearly lose. From the Sixth Amendment perspective, defense counsel “winnowed” out the weaker arguments to concentrate on the strong ones. Lynch v. United States, 2009 U.S. Dist. LEXIS 126413 (N.D. W.Va. August 10, 2009)*: In this case, the petitioner has not overcome the presumption that appellate counsel merely “winnowed” out the weaker arguments on appeal to focus on those that he felt were more likely to prevail...continue to full post

Full post as published by Fourth Amendment on April 06, 2010 (boomark / email).