Rocky Leandro Orosco v. Bobby Lumpkin, Director, Texas Department of Criminal Justice, Correctional Institutions Division
DueProcess FifthAmendment FourthAmendment
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 Cell 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 ?
Is Mr. Orosco entitled to a hearing to challenge the 'obtainment' of his cell phone?