Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone?

QUESTION(S) PRESENTED 1) During Mr.Orosco's trial, the State District Attorney told the jury that Mr.Orosco's Cell Phone was’ "Obtained" with a warrant when it really was not. And, If there has never been a hearing or rulling on the "Obtainment" of Mr.Orosco's Cell Phone in State Court, is Mr.Orosco entitled to recieve a hearing in the Court Of Criminal Appeals Of Texas to challenge the "Obtainment" of his Gell Phone that was used in his trial ? 2) Could it be Ineffective Assistance Of Trial Counsel since Mr.Orosco's trial lawyer did not challenge the "Obtainment" of Mr.Orosco's Cell Phone during the Motion To Suppress before trial started ? 3) Could it be Ineffective Assistance Of Appellate Counsel since Mr.Orosco's direct appellate lawyer did not challenge the "Obtainment" of Mr.Orosco's Cell Phone during the direct appeal ? :