Robinson v. United States

1 Citing case

  1. Collado-Rivera v. United States

    2:16-cr-17(3) (S.D. Ohio Nov. 21, 2022)

    A counsel's failure to request a Franks hearing may be the basis for an ineffective assistance of counsel claim, but only if the movant would have been entitled to a Franks hearing. Robinson v. United States, No. 3:06-CR-094-RLJ-CCS, 2014 WL 4802903, at *7 (E.D. Tenn. Sept. 26, 2014) (citing cases). A defendant is entitled to a Franks hearing if he (1) ''makes a substantial preliminary showing that a false statement knowingly and intentionally, or with reckless disregard for the truth, was included by the affiant in the warrant affidavit,” and (2) “the allegedly false statement is necessary to the finding of probable cause.”