CriminalProcedure HabeasCorpus Privacy
Whether the modified Franks v. Delaware 438 U.S. 154 (1978) rule announced by the Eighth Circuit allowing for deletion and retroactive replacement of terms in a false affidavit supporting an application for search warrant violates the principles of Franks v. Delaware?
QUESTIONS PRESENTED FOR REVIEW Whether the modified Franks v. Delaware 438 U.S. 154 (1978) rule announced by the Eighth Circuit allowing for deletion and retroactive replacement of terms in a false affidavit supporting an application for search warrant violates the principles of Franks v. Delaware? Which of the several standards currently used by the circuit courts of appeal should be applied to ineffective assistance of counsel motions regarding the duty to advance legal positions which are later adopted by the U.S. Supreme Court? 1